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Legislative  Manual 


Form  Book 


Prepared  for  the  use  of  the  California  Legislature 
by  CLIFTON  E.  BROOKS 

Senate  Minute  Clerk 


ICSl'l 


Calikju.ma 
Statk  I'hintino  Okkice 

19  15 

49J1« 


Copyright,   1915, 
By  Clifton  E.  Brooks. 
N.  B. — To  the  extent  that  this  book  may  be  of  service  to  its  Legislature,  the  rights 
reserved  by  the  above  copyright  have  been  assigned  to  the  State  of  California. 

Clifton  E.  Brooks. 


irT) 


OFFICERS  OF  THE  SENATE. 

FORTY-FIRST   SESSION. 


Hon.  JOHN  M.  ESHLEMAN, 

President. 


Hon.  NEWTON  W.  THOMPSON, 

President  pro  tern. 


EDWIN  F.  SMITH, 

Secretary  of  Senate. 

J.  W.  KAVANAGH, 

Assistarit  Secretary  and  Clerk  of  Printing  Committee. 

ERIC  JOHNSON, 

Assistant  Secretary. 

W.  M.  REESE. 

Assistan t  Secretary. 


J.  A.  MILLER, 

Assistant  Secretary. 

JOSEPH  A.  BEEK, 

Assistant  Secretary. 

LE  ROY  JOSEPH. 

Assistant  at  the-  De^sk. 


CLIFTON  E.  BROOKS, 
Minute  Clerk. 


I.  F.  BAKER, 

Assistant  Minute  Clerk. 


THEODORE  LAFAYETTE, 

Assistant  Minute  Clerk. 


ARTHUR  S.  MOORE, 

Assistant  Minute  Clerk. 

REV.  FATHER  HENRY  I.  STARK, 

Chaplain. 


THOS.  A.  BROWN, 

Sergca  nt-at-Arms. 


W.  B.  COOMBS, 

History  Clerk. 


R.  ALEXANDER, 

Assistant  History  Clerk. 


CARRIE  A.  GARRISON, 

Journal  Clerk. 


MILO  R.  KOBBINS. 
Engrossing  and  lUnnUinii  Clerk. 


H.  P.  ANGUS, 

File  Clerk. 


H.VrTIE  .M.  <;il51J.s. 

Poslinisircss. 


MEMBERS  OF  THE  SENATE— FORTY  SENATORS. 


Hon.  John  M.  Eshle.ma.v,  President.      Hon.  Newton  W.  Thompson,  President  pro  tem. 
Edwin  F.  Smith,  Secretary  of  Senate. 


Name  and  counties 


Home  P.  O.  address 


Anderson,     John     X.  —  Imperial, 
Orange,   River.side  

Ballard,   John  W.— Los  Angeles.— 

Boban,  D.  J.— San  Francisco 

Benedict,  H.  .Stanley— Los  Angeles. 
Benson,  Frank  H.— Santa  Clara.. 
Bird.sall,    K.    S.— Plumas,    Sierra, 

Nevada,  Placer,  El  Dorado 

Breed,   A.   H.— Alameda 

Brown,  William  E.— Los  Angeles.. 
Butler,  ICdwin  M.— Los  Angele.s... 
Camiibell,    A.    E.— Monterey,    San 

Luis  Obispo  

Carr,   William  J.— Ix)s  Angeles 


Chandler,   W.   F.— Fresno 

Cogswell,  Prescott  F.— Los  Angeles 

Cohn,  P.  C— Sacramento 

Crowley,  John  Jos.— San  Francisco 
Dimcan,  W.  E.,  Jr.- Butte,   Yuba, 

Sutter,  Yolo  

Finn,   Thos.    F.— San   Francisco... 
Flaherty,  Lawrence  J.— San  Fran- 
cisco   

Flint,     William     R.— San    Mateo, 

San  Benito,  Santa  Cruz 

Gerdes,   Fred  C— San  Francisco... 

Hans,  Geo.   J.— Alameda 

Irwin,    J.    L.    C— Kings,    Tulare, 

Kern 

Jones,  Herbert  C. — Santa  Clara... 
Kehoe,     Wm.— Del    Norte,     Hum- 
boldt,  Trinity,   Tehama 

King,  Lyman  M.— San  Bernardino, 

Inyo    

Luce,  Edgar  A.— San  Diego 

Lyon,  Henry  H.— Los  Angeles 

Maddux,   L.   J. — Tuolumne,   Mari- 
posa, Stanislaus,  Merced,  Alpine, 

Mono,  Madera,  Calaveras 

Mott,   D.   W.— Ventura. 

Owens,    James   C— Contra   Costa, 

Marin   

Purldtt,     Claude     P.- Mendocino, 

Glenn,  Colusa,  Lake 

Rush,  Benj.  F.— Solano,  Napa 

Scott,  William  S. — San  Francisco.. 
Shearer,    Wm.    B.— Modoc,    Siski- 
you,   Shasta,    Lassen 

Slater,  Herbert  W.— Sonoma 

Strobridge,   Edw.    K. — Alameda 

Stuekenbruck,  J.  W. — San  Joaquin, 

Amador  

Thompson,    Newton   W.— Los   An- 


Tyrrell,    Edw.    J.— Alameda 

Wolfe,  Edw.  I.— San  Francisco. 


Rep. 
Rep. 
Prog. 
P..D.,R. 
Rep. 

Rep. 
Rep. 
Rep. 
Rep. 

Dem. 
Prog. 

Prog.,  R. 

Rep. 

Dem. 
Prog.,  D. 

D.,P.,S. 
Rep. 

Rep.,  P. 

Rep. 
Rep. 
Rep. 

Dem. 
P.R.D.Pb. 

Rep. 

Rep.,  P. 

Prog.,  D. 

Rep. 


Dem. 
Rep. 

Dem. 

D.  R.  Pb. 

Rep. 
Prog.,  R. 

Dem. 

D.  P.  S. 

Rep. 

Dem. 

Rep. 
Prog.,  R. 

t 


Santa  Ana 

1426  S.  Union  av.,  L.  A. 
1251  Jackson  St.,  S.  F. 
1739  S.  Kingsley,  L.  A. 
San  Jose  


East   Auburn   

Piedmont    

745  Whittier  St.,    L.   A.. 
5300  Figueroa  St.,   L.   A. 


San   Luis  Obispo 

44   S.    Euclid    av.,    Pasa- 
dena. 

Fresno   

El   Monte  

Folsom  

692  Valencia  St.,  S.   F.... 


OroviDe   

925a    Howard    St.,    S.    F. 


7  Delano  St.,    S.    F. 


Hollister   

2273  Mission   St.,    S.    F. 
3243    Farnum,    Oakland. 


Hanford 
San  Jose 


Legislative 
service 


Eureka 


Redlands  

San   Diego   

950  Stanford   av.,    L.   A. 


Modesto    

Santa   Paula 


Richmonc 


Willows    

Suisun    

427   Ninth   av.,    S.    F. 


Yreka    

Santa  Rosa 
Hayward    .. 


Acampo 


Alhambra  

1002  Filbert  St.,   Oakland 
3165  Washington  St.,  S.F. 


33-37-40-41 

41 

37-38-39-40-41 

39-40-41 

40-41 

37-38-39-40-41 

40-41 

40-41 

39-40-41 

38-39-40-41 

40-41 

34-36-37-39-40-41 

37-38-39-40-41 

40-41 

33-41 

41 
37-38-39-40-41 

41 

38-39-40-41 

38-39-49-41 

37-38-39-40-41 

41 
40-41 


41 

41 

39-40-41 


39-40-41 


36-37-38-39-40-41 
40-41 
y       ^ 

40-41 

39-40-41 

36-37-S8-39  40-41 

38-39-40-41 

36-37-39-39-40-41 
39-40-41 
32-33-34-3.1-30- 
37-38-39-41 


tXominated  by  petition  at  recall  election. 


INTRODUCTION. 

A  rough  skeleton  of  this  book  was  originally  prepared  for  the  use 
of  the  Assistant  ]\Iiunte  Clerks,  but  it  was  suggested  that  it  would  be 
of  value  to  the  other  attaches  and  to  the  members  of  the  legislature 
as  well,  if  put  into  shape  suitable  for  their  use.  There  has  been  no 
thought  in  undertaking  this  task  to  compete  with  any  of  the  standard 
works  on  this  subject  but  to  supplement  these  and  bridge  a  gap  which 
is  all  too  apparent  to  those  who  have  undertaken  to  find  assistance  in 
this  direction. 

The  chief  object  has  been  to  visualize  or  illustrate  in  concrete  form 
the  practical  application  of  the  rules  of  the  two  houses  of  the  Cali- 
fornia Legislature  with  the  addition  of  a  few  of  the  more  important 
constitutional  provisions.  It  is  also  intended  to  standardize  the  lan- 
guage of  the  Journals.  Furthermore,  all  attaches  who  prepare  matter 
which  is  to  be  printed  in  the  Journals,  can  have  a  readily  available 
iruide.  Finally  many  of  the  little  things  which  count  are  gathered 
together  for  the  assistance  of  those  Avho  undertake  the  task  of  bill 
drafting. 

It  has  been  the  object  to  do  all  of  these  things  as  thoroughly  and  as 
completely  as  is  possible  and  in  keeping  with  the  traditional  parlia- 
mentary usages  and  customs. 

CLIFTON  E.  BROOKS, 

Senate  ^Minute  Clerk. 
Sacramexto.  Calif<irnia. 

Februarv  27.  ]!)]."). 


ACKNOWLEDGMENT. 

This  little  book  would  be  very  incomplete  without  an  acknowledg- 
ment of  the  painstaking  and  kindly  assistance  of  Edwin  F.  Smith. 
Secretary  of  the  Senate,  whose  experience  and  extensive  knowledge  of 
legislative  matters  has  been  ever  at  my  disposal. 

Cliftox  E.  Brooks. 


PREFACE. 

Explaining-  Status  of  Sections  of  the  Codes  Which  Prescribe  Limita- 
tions on  the  Powers  of  the  Legislature. 

It  was  undoubtedly  the  intention  of  the  framers  of  the  Constitution 
that  the  power  of  the  Legislature  should  be  limited  only  by  the  Con- 
stitution. This  is  sho^^^l  by  many  instances,  but  the  most  patent  of 
these  is  probably  the  one  which  prescribes  that  the  Legislature  shall 
be  the  sole  judge  of  the  election  and  qualifications  of  its  own  members. 
Under  this  provision  it  would  be  possible  for  the  Legislature  to  dis- 
qualify a  member  on  grounds  which  would  be  held  insufficient  in  a 
court  of  law,  but  from  such  action  on  the  part  of  the  Legislature 
there  would  be  no  appeal. 

Consequently,  no  session  of  the  Legislature  can  prescribe  a  limita- 
tion on  the  powers  of  a  subsequent  session.  In  view  of  this  fact,  the 
code  provisions  affecting  .subjects  which  are  germane  to  the  work  of 
the  Legislature  can  not  be  regarded  as  otherwise  than  directory  even 
though  terms  are  employed  which  are  distinctly  mandatory.  In  other 
words,  the  Legislature,  to  the  extent  that  it  observes  provisions  of 
the  codes,  may  be  said  to  do  so  only  by  sufferance. 

Were  this  not  a  fact,  it  might  be  possible  to  question  the  validity 
of  many  of  our  general  laws  on  account  of  the  omission  to  have  them 
codified  in  accordance  with  the  provisions  of  sections  249  and  250 
of  the  Political  Code  which  are  found  in  sections  208  and  209  of 
this  book.  These  code  provisions  are  in  conflict  with  the  provision 
of  the  Constitution  that  "each  house  shall  determine  the  rule  of  its 
proceeding"  and  in  actual  practice  are  not  observed  by  either  liouse. 

N.  W.  Thompson, 
President  pro  tern,  of  Senate,  Forty-first  Session. 


BIBLIOGRAPHY. 

].  Jourimls  of  StMiate  and  Assembly. 
•J.  Kiil(>s  of  the   Sonate. 
o.   Rules  of  the  Assembly. 

4.  The  Joint  Rules. 

.").  Constitution  of  California. 

6.  The  Political  Code. 

7.  The  Penal  Code. 

5.  The  Code  of  Civil  Proceduie. 
9.  The  Civil  Code. 

10.  Robert's  Rules  of  Order. 

11.  Jefferson's  Manual. 

12.  Rules  of  the  V.  S.  House  of  Representatives. 

13.  Rules  of  the  U.  S.  Senate. 


Z' 


CONTENTS. 


CIIAPTEK  I.     (Jrgnnizntitni.   Convmiin.g-   and    Ailjoiirninciit    of   ihe    Souate   and 

Assembly.     Sees.  1-40. 

CHAPTKH  TI.      ("oiislitiitional    Provisions    Dii-fcily    AlVcclinfr    ilii'    Powers    and 

Duties  of  the  Legislature.     Srcs.  -±1-122. 

CHAPTER       III.     Drafting  and  Introduction  of  Bills.     Sees.  123-175. 

Part  1.  General  Constitutional  and  Code  Provisions  Affecting 

Drafting  of  Bills,  etc.     Sees.  123-140. 
Part  2.  Drafting  of  Appropriation   Bills.     Sees.  141-150. 
Part  3.  Drafting     of     Code     Sections     and     General     Laws. 

Sees.  151-157. 
Part  4.  Drafting    of    Constitutional    Aiufuduionts    and    Joint 

and  Concurrent  Resolutions.     Sees.  158-162. 
Part  5.   Introduction    of   Bills.     Sees.  1(53-175. 

CHAPTER        IV.     Committees.     Sees.  170-222. 

Part  1.  Appointment   and   Organization.     Sees.  170-lSO. 
Part  2.  Reference    of   Bills    to    Committees.     Sees.  ISl-lOl. 
Part  3.  The  Committee  of  the   Whole.     Sees.  192-195. 
Part  4.  General  Provisions  Governing  Committees. 

Sees.  190-207. 
Part  5.  Provision.s  Governing  Individual  Committee. 

Sees.  208-222. 

CHAPTER  V.     The  (Jcucral  File.     Sees.  223-203. 

Part  1.  General  Provisions.     Sees.  223-249. 
Part  2.  After  Passage    in    the   House  of  Origin.     Sees.   250- 
263. 

CIl.M'TER        W.     Amendments  and  Conferences.     Sees.  2t;4  292. 
Part  1.  Amendments.     Sees.  264-284. 
Part  2.  Conferences.     Sees.  28.5-292. 

Cir.M'Ti;!:      \If.     Motions,   Debates   and   Voting.     Sees.  293-348. 
Part  1.  Motions.     Sees.  293-313. 
Part  2.   Dehates.     Sees.  314-33<». 
Part  '.',.   Voting.      Sees.   331    .'Us. 

Cn.M"l'i:R    \in.      Elections,    Resignatiims    and    Impeachments.     Sees.  :M9    112. 
Part  1.  Elections.     Sees.  349  3(i4. 
Part    2.  Conlestcd   Elections.     Sees.  365-383. 
Part  3.   Resignations.      Sees.  :{8-}  .389. 
Part    1.    Imi)ea(htn<'nt.     Sees.  .390    JI5. 
I'arl    5.    W'iliicsscs.      Sees.    116    fjl'. 


10  CONTENTS. 

CHAPTER       IX.     Miscellaneous.     Sees.  423-540. 

Part  1.  The  Governor.     Sees.  423-440. 

Part  2.  Presiding  Officers.     Sees.  441-457. 

Part  3.  Other  Officers  and  Attaches.     Sees.  45S-4S1. 

Part  4.  Printing.     Sees.  4S2-507. 

Part  .".  Use    of    and    Adniis.sion    to     Senate    and    As.sembly 

Chambers.     Sees.  508-518. 
Pan   (I.   Attendance.  Remuneration,   Privileges  and  Duties  of 

Members.     Sees.  519-523. 
I'art  7.  Order  of  Business.     Sees.  524-52G. 
Part  S.  Changing  and  Suspending  the  Rules.     Sees.  527-.j30. 
Part  9.   I'cnalties     for    Interfering    with    the    Work    of    the 

Legislature.     Sees.  531-540. 


APPENDICES, 

I.  Chart    prepared    by    L.    B.    Mallory,    Showing    the    Progress    of   a    Bill    after 
Introduction,  follows  page  178. 

IT.  Suggestions  for  Guidance  of  Presiding  Officers,  page  179. 


INDICES. 


General  Index,  pages  1S3-19G. 
Form  Index,  pages  197. 198. 


LEGISLATIVE  MANUAL  AND  FORM  BOOK. 


CHAPTER  I. 

ORGANIZATION,   CONVENING  AND   ADJOURNMENT   OF   THE 
SENATE  AND  ASSEMBLY. 

Chapter  Contexts. 
See.      1.   Number   aud   designation   of   members.      (Political   Code.  I 
Sec.     H.  Term  of  office  of  members.      (Political  Code.) 
Sec.     3.   Sessions  of  the  Legislature.      (Con.stitution. ) 
Sec.     4.  Time   and   place   of   meeting  of   Legislature.      (Political    Code.) 
Sec.     5.  Transmission  and  publication  of  election  returns.      (Constitution.! 
Sec.     6.  Certificate  of  election  evidence  of  right  to  seat.      (Political  Code.  I 
Sec.     7.  Organization  of  the  Legislature.      (Constitution.) 
Sec.     8.  Temporary  officers  of  the   Senate  and  Assembly.      (I'olitical  Code,  i 
Sec.     0.  Organization  of  Senate.      (Political  Code.) 

Sec.  10.  Organization  of  Assembly.      (Political  Code.  ) 

Sec.  11.  Oath  of  office.      (Constitution.) 

Sec.  12.  Oath  of  Governor  and  Lieutenant  Governor.    (Political  Code,  i 

Sec.  13.  Oath  of  members  of  Legislattire.      (Political  Code.) 

Sec.  14.  Oath  to  be  entered  on  journals.      (Political  Code.) 

Sec.  lo.  Officers  of  the  Senate.      (Political  Code.) 

Sec.  Ku  Officers  of  the  Assembly.      (Political   Code.) 

Sec.  IT.  Elections   and   appointments  by   the   Legislature.      (Political   Code,  i 

Sec.  IS.  What  officers  of  Legislature  may  administer  oaili^.      (I'olitical  Code.) 

Sec.  19.  What  number  constitutes  a  quorum.      (Constitution.! 

Sec.  20.  Rules  for  government  of  the  Legislature.      (Constitution.) 

Sec.  2L  Adjournment   from  day  to  day.      (Constitution.) 

Sec.  22.  Adjournment  for  constitutional  recess  and  sine  die.      (Joint   ruli'.  i 

Sec.  23.  Hour  of  meeting:  of  Legislature.      (Senate  rule.) 

Sec.  24.  Hou.-^e  called  to  order  by  Speaker.      (Assembly  rule.) 

Sec.  2.J.   Senate  called  to  order  by  Pre.sident.      (Senate  rule.) 

Sec.  20.  Organization  of  Senate.      (Form.) 

Sec.  27.   Second   day    (when   there  has  been   a  gul)ernatorial   election  i.      (Form.) 

Sec.  28.  Convening  of  Senate    (Daily).      (Form.) 

Sec.  2«.    (Change  of  presiding  officer)    Lieutenant   Governor    (et   al.)    in    lln'   chair. 

(Form.) 

Sec.  30.   Prayer.      (Form.) 

Sec.  3L   Heading  of  the  journal.      (Form.) 

Sc.e.  32.   Leave  of  absence.      (Form.) 

Sec.  33.  Approval  of  journal.      (Form.) 

Sec.  34.   I'etitions.      (Form.) 

Sec.  3n.  Communications.      (Form.) 

Sec.  30.   Hour  of   rece.'-s   extended.      (Form.) 

Sec.  37.  Recess.      ( Form. ) 

Sec.  38.   Reconvened.      (Form.) 

Sec.  311.   Ailjonrnment    (Daily.)       (Furiii.) 

S'-c.  40.   .Vdjournnii'iil     (for    c(iii.<l  i)  u)  ional    rorss    ni'    xim     ilii  i.       (  I'lU'iu.  I 

SECTION    1. 

NUMBER    AND    DESIGNATION    OF    MEMBERS. 

Tlir    l<iois|;it  lire   cODsi.sl.S   ol" 

1 .  l''orty  .sctialdi's  ;  find. 

2.  I';i<rll1v    IIK'IIiIm'IS   of    I  he    Assclilltl\.       i  i'i>l  il  i<itl    Cndi  .   si  <  .    1225.) 


12  LEGISLATIVE    MANUAL    AND   FORM    BOOK. 

SEC.    2. 

TERM    OF  OFFICE   OF    MEMBERS. 

Tlio  Icnii  1)1'  office  of  a  .senator  is  four  years;  of  a  member  of  the 
Assemlily,  two  year.s.    (Political  Code,  sec.  226.) 

SEC.   3. 

SESSIONS   OF   THE    LEGISLATURE. 

The  sessions  of  the  Legislature  shall  be  biennial,  unless  the  Governor 
shall,  in  the  interim,  convene  the  Legislature,  by  proclamation,  in 
extraordinary^  session.  All  sessions,  other  than  extraordinary,  shall  com- 
mence at  twelve  o'clock  m..  on  the  first  IMonday  after  the  first  day  of 
Jcinnary  next  succeeding  the  election  of  its.  members,  and  shall  con- 
tinue in  session  for  a  period  not  exceeding  thirty  days  thereafter; 
whereupon  a  recess  of  both  Houses  must  be  taken  for  not  less  than 
thirty  days.  On  tlie  reassembling  of  the  Legislature,  no  bill  shall  be 
introduced  in  either  House  without  the  consent  of  three-fourths  of  the 
members  thereof,  nor  shall  more  than  two  bills  be  introduced  by  any 
one  member  after  such  reassembling.     {Constitution,  art.  IV,  sec.  2.) 

SEC.    4. 

TIME  AND   PLACE  OF   MEETING  OF   LEGISLATURE. 

The  Legislature  shall  assemble  at  the  seat  of  government  at  twelve 
o'clock  m..  on  the  first  Monday  after  the  first  day  of  January,  eighteen 
hundred  and  eighty-one,  and  on  the  first  Monday  after  the  first  day  of 
January  every  two  years  thereafter.    {Political  Code,  sec.  235.) 

SEC.    5. 

TRANSMISSION    AND    PUBLICATION    OF    ELECTION     RETURNS. 

The  returns  of  every  election  for  Governor  shall  be  sealed  up  and 
transmitted  to  the  seat  of  government,  directed  to  the  Speaker  of 
the  Assembly,  who  shall,  during  the  first  week  of  the  session,  open  and 
publish  them  in  the  presence  of  both  Houses  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  shall  be  Governor :  but  in 
case  any  two  or  more  have  an  equal  and  the  highest  number  of  votes, 
the  Legi-slature  shall,  by  joint  vote  of  l)oth  Houses,  choose  one  of  such 
persons  so  having  an  eqiial  and  the  highest  number  of  votes  for  Gov- 
ernor.   (Co)islilution,  art.  Y,  sec.  4.) 

SEC.    6. 

CERTIFICATE    OF    ELECTION     EVIDENCE    OF    RIGHT    TO    SEAT. 

The  certificate  of  election  is  prima  facie  evidence  of  the  right  to 
membership.    (Political  Code,  sec.  236.) 

SEC.    7. 

ORGANIZATION  OF  THE  LEGISLATURE. 

Each  house  shall  choose  its  officers  and  judge  of  the  qualifications, 
elections  and  returns  of  its  members.    {Constitution,  art.  IV,  sec.  7.) 


LEGISLATIVE    MANUAL   AND   FORM    BOOK.  13 

SEC.    8. 

TEMPORARY  OFFICERS  OF  THE  SENATE  AND  ASSEMBLY. 

The  Secretary  of  the  Senate,  and  the  Clerk  of  the  Assembly,  the 
Minute  Clerks  and  Sergeant-at-Arms  of  each  House,  for  any  session, 
must,  at  the  next  succeeding  session  of  the  body,  perform  the  duties 
of  their  offices  until  their  successors  are  elected  and  qualified.  Said 
officers,  and  no  others,  shall  be  allowed  mileage.  The  Secretary  of  the 
Senate  may  appoint  a  postmaster,  three  gatekeepers,  and  three  pages. 
The  Chief  Clerk  of  the  Assembly  may  appoint  a  postmaster,  three 
gatekeepers,  and  three  pages.  The  Sergeant-at-Arms  of  the  Senate  and 
of  the  Assembly  may  each  appoint  an  Assistant  Sergeant-at-Arms. 
There  shall  be  no  other  officers  or  employees  of  either  House  until 
the  permanent  organization  is  completed.  Such  officers  shall  serve 
onlv  until  said  permanent  organization  i.s  comjjleted.  {PoJitical  Code,, 
sec]  237.) 


SEC.    9. 

ORGANIZATION    OF   SENATE. 

At  the  hour  of  twelve  o'clock  m.,  on  the  day  a])|)ointed  for  the  meet- 
ing of  any  regular  .session  of  the  Legislature,  the  President  of  the 
Senatfe,  or  in  case  of  his  absence  or  inability,  then  the  senior  meml)er 
present,  must  take  the  chair,  call  the  members  and  members-elect  to 
order,  and  then  cause  the  Secretary  to  call  over  the  senatorial  dis- 
tricts, in  their  order,  from  which  members  have  been  elected  at  the 
precedinsr  election,  and  as  the  same  are  called  the  members-elect  must 
present  their  certificates,  take  the  constitutional  oath  of  office,  and 
assume  their  seats.  The  Senate  may  thereupon,  if  a  quorum  is  present, 
proceed  to  elect  its  officers.    {Political  Code,  sec.  238.) 


ORGANIZATION    OF    ASSEMBLY. 

At  the  time  specified  in  section  two  liiuidiH'd  and  tliiily-cight  tlie 
Clerk  (if  the  Assembly,  or  in  case  of  his  absence  or  inability,  then  the 
senior  menil)er-elect  present,  nuist  take  the  chair,  call  the  members-elect 
to  order,  and  then  call  over  the  roll  of  counties  in  alphabetical  order, 
and  as  the  same  are  called  the  members-elect  must  |)resent  their  cer- 
tificate's, take  the  constitutional  oath  of  office,  and  assume  their  seats. 
The  Assembly  may  thereupon,  if  a  quorum  is  jjn'sent,  proceed  to  elect 
its  officers.    (Political  Code,  sec.  239.) 


SEC.    11. 

OATH    OF    OFFICE. 

Meml)ers  of  tlie  Legislature,  and  ail  oflicers.  executive  and  Jndicial, 
except  such  inferior  officers  as  ma\  lie  by  law  e\eiiip1e«|.  shall,  before 
they  etilei-  npon  llie  dnlies  of  their  i-espeet  i\e  ofliees.  1;ike  and  subsei'ibe 
the  following  oath  of  office: 

"I  (|(t  soleMMil\'  swear-  (of  ;iriirni.  as  the  c;ise  iii;i\'  be  i  ih.il  I  will 
snpport   the  ( 'o/ist  it  nt  ion   of  the   I'liited  Stales  mid   the  ( 'luisl  it  ill  ion  of 


14  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

the  State  of  California,  and  that  1  will  faithfully  discharge  the  duties 

of  the  office  of aceordino'  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  (lualifi- 
cation  for  any  office  or  public  trust.  (Co)istihilinn.  art.  XX,  sec.  3.  and 
Political  C'"'^'' .  >•"••  "^"-l.  1 


SEC.    12. 

OATH    OF    GOVERNOR    AND    LIEUTENANT-GOVERNOR. 

The  (Jovernor  and  Lieutenant  Governor  must  take  the  official  oath 
in  the  presence  of  both  Houses  of  the  Legislature,  in  convention  assem- 
bled, and  an  entry  of  the  fact  must  be  made  upon  the  journals  of  each 
House.    (Political  Code,  sec.  905.) 


SEC.    13. 

OATH    OF    MEMBERS   OF    LEGISLATURE. 

.Members  of  the  Legislature  may  take  the  oath  of  office  at  any  time 
duriiiii'  the  term  for  which  they  were  elected.    {Political  Code,  sec.  906.) 


SEC.  14. 

OATH  TO  BE  ENTERED  ON  JOURNALS. 

An  entry  of  the  oath  taken  by  members  of  the  Legislature  must  be 
made  on  the  journals  of  the  proper  House.    {Political  Code,  sec.  240.) 


SEC.    15. 

OFFICERS  OF  THE  SENATE. 

The  officers  and  employees  of  the  Senate  shall  con.sist  of  a  president, 
a  president  pro  tem..  a  secretary,  three  assistant  secretaries  (who  shall 
be  appointecl  by  the  secretary,  by  and  with  the  advice  and  consent  of 
the  Senate),  one  assistant  at  the  de.sk.  one  sergeant-at-arms,  one 
assistant  sergeant-at-arms,  one  assistant  sergeant-at-arms  for  the 
finance  committee,  one  assistant  sergeant-at-arms  for  the  judiciary 
committee,  one  a.ssistant  sergeant-at-arms  to  be  assigned  by  the  sergeant- 
at-arms  to  any  committee  requiring  the  same,  one  bookkeeper  for  the 
sergeant-at-arms  (who  shall  be  appointed  by  the  sergeant-at-arms  by 
and  with  the  advice  and  consent  of  the  Senate),  one  minute  clerk, 
three  assistant  minute  clerks,  one  journal  clerk,  two  assistant  journal 
clerks,  one  engrossing  and  enrolling  clerk,  three  assistant  engrossing 
and  enrolling  clerks,  two  assistant  engrossing  and  enrolling  clerks 
(said  two  to  be  elected  on  the  thirtieth  day  of  the  session),  one  history 
clerk,  one  assistant  hi.story  clerk,  three  bill  filers,  four  bill  clerks,  a 
chaplain,  one  postmaster,  one  assistant  postmaster,  two  mail  carriers 
(who  shall  be  mailing  and  folding  clerks),  one  page  to  the  president 
of  the  Senate,  four  pages,  three  gatekeepers,  one  doorkeeper,  one 
gallery  doorkeeper,  two  messengers  to  state  printer,  one  cloakroom 
clerk,  five  skilled  stenographers  (who  shall  be  typewriters,  and  w-ho 
shall  be  at  the  service  of  the  Senate,  its  members  and  committees,  and 
under  the  supervision  of  the  secretary  of  the  senate,*  one  stenographer 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  15 

for  the  finance  committee,  one  stenographer  for  the  judiciary  commit- 
tee, six  porters,  one  rear  porter,  three*  watchmen,  one  janitress  for 
ladies'  cloakroom,  two  press  mailing  clerks:  and  only  such  other  officers 
or  employees  as  the  Senate  by  a  three-fifths  vote  of  all  the  members- 
elect  shall  deem  necessary.  Any  officer  or  employee  appointed  or 
elected  under  the  provisions  of  this  section  may  at  any  time  be 
removed  bv  the  Senate.    [Polificol  Code,  sec.  245.) 


SEC.    16. 

OFFICERS    OF    THE    ASSEMBLY. 

The  officers  and  employees  of  the  Assembly  shall  consist  of  a  speaker, 
a  .speaker  pro  tem.,  one  chief  clerk,  four  assistant  clerks  (who  shall 
be  appointed  by  the  chief  clerk,  by  and  with  the  advice  and  consent 
of  the  Assembly),  one  sergeant-at-arms,  one  assistant  sergeant-at-arms, 
one  clerk  for  the  sergeant-at-arms,  one  bookkeeper  to  the  sergeant-at- 
arms  (said  bookkeeper  to  be  appointed  by  the  sergeant-at-arms,  by  and 
with  the  advice  and  consent  of  the  Assembly),  one  minute  clerk,  two 
assistant  minute  clerks,  one  journal  clerk,  one  assistant  journal  clerk, 
one  engro.ssiug  and  enrolling  clerk,  two  as.sistant  engrossing  and  en- 
rolling clerks,  and  two  additional  assistant  engrossing  and  enrolling 
clerks  (said  last  two  to  be  elected  on  the  thirtieth  day  of  the  session),  one 
file  clerk  to  keep  the  files,  four  bill  filers,  one  chaplain,  one  postmaster, 
one  assistant  postmaster,  one  mail  carrier  (who  shall  be  mailing  and  fold- 
ing clerk),  one  page  to  speaker,  six  pages,  three  gatekeepers,  one  door- 
keeper, one  gallery  doorkeeper,  one  messenger  to  printer,  one  history 
clerk,  one  bill  clerk,  four  assistant  bill  clerks,  thirty  committee  clerks 
(to  be  assigned  to  committees  actually  requiring  the  use  of  a  clerk), 
six  skilled  stenographers  (who  shall  be  typewriters,  and  who  shall  be 
at  the  service  of  the  Assembly,  its  members  and  its  committees,  under 
the  supervision  of  the  Chief  Clerk),  five  porters,  three  watchmen,  one 
fireman,  one  sergeant-at-arms  for  the  ways  and  means  committee,  one 
sergeant-at-arms  for  the  judiciary  committee,  one  engineer,  one  elec- 
trician, one  janitress,  and  one  elevator  attendant:  and  onlj^  such  other 
officers  or  employees  as  the  Assemlily  l)y  a  three-fifths  vote  of  all  the 
member.s-elect  shall  deem  necessary.  An\"  officer  or  employee  appointed 
or  elected  \nider  the  provisions  of  this  section  may  at  any  time  be 
removed  b>'  the  Assembly.    (Political  Code,  sec.  2-46.) 


SEC.    17. 

ELECTIONS  AND  APPOINTMENTS   BY   THE   LEGISLATURE. 

All  officers  and  employees  of  the  iicuisbiture.  except  tlir  I'resideiit 
of  the  Senate,  porters  and  pages,  must  be  elected  by  the  House  to 
which  such  officers  and  employees  are  altached.  The  porters  and  pages 
shall  be  appointed  by  the  pr-esiding  officers  oi'  theii-  i-espective  Houses. 
(  /'oldictil  Code,  sec.  247. ) 


k;  legislatixe  manual  axd  form  book. 

SEC.    18. 

WHAT   OFFICERS   OF    LEGISLATURE    MAY   ADMINISTER   OATHS. 

The  Pivsitlfiit  Jiiitl  rrcsidt'iit  pro  teiu.  of  llic  Senate,  and  the  Speaker 
and  Speaker  pro  teiii.  of  the  Assembly,  may  administer  the  oath  of 
ortiee  to  any  Senator  or  Asseud)lyman,  and  to  the  officers  of  their  respec- 
tive l)odies.  The  members  of  any  committee  may  administer  oaths  to 
\vitnes.ses  in  anv  matter  under  examination.    (PoJificaJ  Code,  sec.  252.) 


SEC.    19. 


WHAT    NUMBER    CONSTITUTES    A    QUORUM. 


A  ma.jority  of  eacli  House  shall  constitute  a  quorum  to  do  business. 
l)ut  a  smaller  number  may  adjourn  from  day  to  day.  and  may  compel 
the  attendance  of  absent  members  in  such  manner,  and  under  such 
penalties,  as  each  House  shall  provide.    {Constitution,  art.  IV,  sec.  8..^ 


SEC.    20. 


RULES   FOR   GOVERNMENT   OF  THE    LEGISLATURE. 


Each  House  shall  determine  the  rules  for  its  proceedings  and  may. 
with  the  concurrence  of  two  thirds  of  all  the  members  elected,  expel 
a  membei".    (ConsfHnl ioD.  art.  JV,  sec.  9.) 


SEC.    21. 

ADJOURNMENT   FROM    DAY  TO   DAY. 

Neither  House  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  place  other  than  that  in  which  they 
nia^'  be  sitting.  Nor  shall  the  members  of  either  House  draw  pay  for 
any  recess  or  adjournment  for  a  longer  time  than  three  days.  (Con- 
stitution, art.  IV.  sec.  14.) 


SEC.    22. 

ADJOURNMENT    FOR    CONSTITUTIONAL    RECESS    AND    SINE    DIE. 

Adjournment   for   the    constitutional   recess   and   adjournment   sine 
die  shall  be  made  only  by  concurrent  resolution.      (Joint  Eulc  Xo.  36.) 


SEC.   23. 

HOUR   OF  MEETING  OF   LEGISLATURE. 

The  sessions  of  the  House  shall  be  daily  (Sundays  excepted)  begin- 
ning at  nine  o'clock  and  thirty  minutes  a.m.  After  the  eon.stitutional 
recass.  a  recess  shall  be  taken  daily  at  the  hour  of  twelve  o'clock  noon 
until  the  hour  of  one  o'clock  and  thirty  minutes  p.m.,  unless  otherwise 
ordered  by  a  vote  of  the  House.  ( Assembly  Rule  Xo.  1.)  The  Senate 
rule  is  identical  except  that  the  hour  of  convening  is  fixed  at  ten 
o'clock  and  the  noon  recess  is  from  twelve  thirty  to  two  o'clock  p.m. 
{Senate  Rule  No.  1.) 


LEGISLATIVE    MAXUAL    AND    FORM    BOOK.  17 

SEC.    24. 

HOUSE  CALLED  TO  ORDER  BY  SPEAKER. 

The  Speaker,  or.  in  hi.s  ab.senee.  the  Speaker  pro  tern.,  sliall  take  the 
chair  precisely  at  the  liour  appointed  for  meeting,  and  shall  imme- 
diately call  the  House  to  order.  In  the  absence  of  both  the  Speaker 
and  Speaker  pro  tern.,  the  Chief  Clerk,  or  an  assistant,  sliall  call  the 
House  to  order,  whereupon  a  Chairman  shall  be  elected  from  among  the 
members  to  preside.    {Assembly  Rule  Xo.  19.) 

SEC.  25. 

SENATE  CALLED  TO  ORDER  BY  PRESIDENT. 

The  President,  President  pro  tem.,  or  senior  meml^er  present,  shall 
call  the  Senate  to  order  at  the  hour  stated,  and  if  a  quorum  be  present 
proceed  with  the  order  of  business.    {Senate  Rule  Xo.  2.) 


SEC.    26. 

(Form.) 
ORGANIZATION   OF  SENATE.' 

Senate^  Chamber,  Sacramento, 

^londay.  January  4.  1915. 

The  hour  of  twelve  o'clock  m.  having-  arrived.  Hon. 

Lieutenant  Governor  and  President  of  the  Senate.-  called  the  Senators 

and  Senator.s-elect'  to  order,  and  announced  that  the session 

of  the  Legislature  of  the  State  of  California  ^^as  about  to  convene,  and 
informed  the  Senators^  that  the  following  officers  of  the  Senate^  during 

the session  of  the  Legislature  were  in  their  respective  places  in 

the  Senate  Chamber,  as  required  by  section  237  of  the  Political  Code : 

,  Secretary-; ,  Minute  Clerk,  and 

Sergea  n  t-at- Arms. 

PRAYER. 

By  invitation  of  the  President,-  praver  was  then  oifei-ed  b\-  the  Rev. 
of 1 


CERTIFICATE  FROM  SECRETARY  OF  STATE. 

By   direction   of   the   President-   the   Secretary''    read   the   following 

certificate  of  duly  elected  Senators'  of  the session  of  the 

Letrislature  of  tlie  State  of  California: 

(Certificate.) 

Certificate  read. 

RESOIJTION. 

The  following  resoliitidii   was  offered: 

By  Senator'' : 

Ifisolicd,  'I'lint  tin;''  iiold-ovor  Sfiiators  liiiic  llicir  sr-ms,  :iiiii  tliat  the"  Scnntors- 
f>l'M.-i'  procfcd  to  tlie  bar  of  llic  Senate'  and  lak;-  llicir  oath  of  odicc  on  tin-  (•prlilicalo 
furnishpd  by  the  Secretary  of  Stale. 

Resolution  rearl  and  on  motion  of  Senaloi-'' adopled. 

'The   I'resident   direeted   the  Secretary   lo  call   llie   roll   ••('  Ik.M  ..vcr 

Senators. 

-  — 1681'! 


18  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

ROLL  CALL  OF  HOLD-OVER  SENATORS. 

The  roll  was  called,  and  the  following  answered  to  their  names: 

Senators — . ,  etc. 

Whereupon  the  President  announced  that  the  roll  call  had  disclosed 
the  presence  of Senators. 

The  President  directed  the  Secretary  to  call  tlie  roll  of  Senators- 
elect"  : 

ROLL    CALL   OP   SENATORS-ELECT.^ 

The  Secretary-  called  the  roll  of  Senators-elect,^  and  the  fbllowing 
answered  to  their  names : 

Messrs.    

Whereupon  the  President-  announced  that  the  roll  call  had  disclosed 
the  presence  of Senators-elect\ 

The  President-  requested  the  Senators-elect''  to  immediately  present 
themselves  at  the  bar  of  the  Senate^  in  order  that  the  oath  of  office 
mi?ht  be  administered  to  them,  and  that  they  mijiht  subscril^e  to  the- 
same. 

OATH    OF    OFFICE    ADMINISTERED. 

The members-elect,  as  their  respective  districts*  were 

called,  then  came  forward,  presented  their  certificates  of  eleetion.  and 
each  took  and  subscribed  to  the  following  constitutional  oath  of  office, 

administered  by  the   Hon.    ,   Lieutenant   Governor, 

and  President  of  the  Senate^** : 

I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  California,  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of  Senator,'^  according  to  the  best  of  my  ability. 

ROLL   CALIj. 
The  President^'-  called  the  Senate  to  order  and  directed  the  Secretary 
to  call  the  roll. 

The  roll  was  called,  and  the  following  ansv.-ered  to  their  names : 
Senators    

Whereupon  the  President"  announced  their  qualification,  and  declared 
that  a  quorum  of  all  the  Senators"  was  present. 

APPOINTMENTS    BY    SECRETARY." 

The  Secretary-  of  the  Senate^  announced  that  by  virtue  of  the  author- 
ity vested  in  him  by  section  237-°  of  the  Political  Code,  he  had  made 
the  following  appointments  of  attaches  for  the  temporary  organization 
of  the  Senate : 

Postmistress — 

Pages — 

APPOINTMENTS    BY    SERGEAXT-AT-ARMS. 

The  Sergeant-at-Arms  of  the  Senate^  announced  by  virtue  of  the 
authority  vested  in  him  by  section  237-°  of  the  Political  Code,  that  he  had 
made  the  following  appointment  of  attache  for  the  temporary  organi- 
zation of  the  Senate : 

Assistant  Sergeant-at-Arms — 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  19 

TEMPORARY   ORGANIZATION  EFFECTED. 

Temporary  organization  having  been  effected,  the  President'-  pnt  the 
question,  ''What  is  the  pleasure  of  the  Senate'  ?'" 

RESOLUTION. 

The  following  resolution  was  offered : 

By  Senator^ : 

Resolved.     That  the  Senate  do  now  proceed  to  the  election  of  the  following  statu- 
tory officers  in  the  order  named  : 
President   pro  tem. :  '.  jj 

Secretarj-  of  the  Senate  :    S 
Sergeant-at-Arms : 
Minute  Clerk  ;  and 
Chaplain. 

Resolution  read  and  on  motion  of  Senator' adopted. 

NOMINATIONS  FOR  AND  ELECTION  OP  PRESIDENT  PRO  TEM.^*  OF  THE  SENATE.^ 

The  President'-  thereupon  declared  nominations  for  the  office  of 
President  pro  tem.^^  of  the  Senate^  in  order. 

Senator"' placed  in  nomination  for  the  office  of  Presi- 
dent pro  tem.^*  of  the  Senate^  the  Hon. of 

County.  Senator^^  from  the District. 

Senator^ seconded  the  nomination  of  Senator'' 

(Same  form  for  each  nomination  for  President  pro  tem.) 

The  President-  put  the  question,  "'Are  there  any  other  nominations 
for  President  pro  tem.^^  of  the  Senate^?" 

There  being  no  response,  the  nominations  were  declared  closed. 
The  roll  was  called  Avith  the  following  result: 

(Roll  to  be  called  until  one  of  the  nominees  receives  a  majority  vote.) 

For  Hon. — Senators" 

For  Hon. — Senators' 

Whereupon  the  President-  announced  that  Senator^ 

having   received   a    majority   of   all   of   the   votes   east   was   declared 

duly  elected  President  pro  tem.^*  of  the  Senate^  for  the 

session  of  the  California  Legislature.^^ 

PRESENTATIO.X    OF    PRESIDENT'^    PRO    TEM. 

Lieutenant  Governor President  of  the  Senate,^' 

then  presented  to  the   Senate^   Hon.    ,   Pi-esident'* 

pro  tem.  of  the  Senate.^ 

NOMINATION  FOR  AND  ELECTION  OF  SECRETARY"  OF  THE  SENATE.^ 

The  President"  declared  nominations  for  Secretary-  of  the  Senate^ 
in  order. 

Senator placi'd  in  iioiiiiii;itii»u  for  Secretary-  ot'  llic 

Senate^ of C'ounty. 

Senators and seconded  llic  tionii 

nation  of for  Secretary'-'  of  the  Senate.^ 

(Same  form  for  additional  nominations.) 

The  President'''   |)nt   tlic  r|uestion,  "Are  there  any   I'mlln-r  mmiina- 

tions  for  the  office  of  Scfr<'lar\-'  of  the  Senate' '" 

There  being  n(t  response,  nominations  were  deel.iied  elosed. 

'{"lie  President"  directed  the  Secret  a  r\-  to  eall  tin-  roll. 

'{"lie  roll  was  called,  with  the  following  result: 

For — Senators' 

For — Senators' » 


20  LEGISLATIVK    MANUAL    AND    FORM    BOOK. 

WluMvupon  the  Pi'esidcnt'^  declared having  received  a 

majority  of  all  of  the  votes  cast  was  duly  elected  Secretary-  of  the 
Senate.'" 

NOMINATION    FOR    AND    ELECTION    OF    SERGEANT- AT-ARMS. 

The  President^*  declared  iioitiiiuitions  for  the  office  of  Serj>'eant-at- 
Arnis  of  the  Senate^  in  order. 

Senator"    phiced    in    nomination    for    Serg'cant-at- 

xVrms  of  the  Senate^ of Comity. 

Senator^ .sec(mded  the  nomination  of 

for  Sergeant-at-Arm.s. 

(^'ame    form    for   adrlittonal    nominations.) 

The  President"  pnt  the  question,  "Are  there  any  further  nomina- 
tions for  the  office  of  Sergeant-at-Arms  of  the  Senate^?" 
There  being  no  response,  nominations  were  declared  closed. 
The  President"  directed  the  Secretary-  to  call  the  roll. 
The  roll  Avas  called,  with  the  following  result : 

For — Senators^ 

Por — Senators^ 

Whereupon  the  President"  declared having  received  a 

majority  of  all  of  the  votes  cast  Avas  duly  elected  Sergeant-at-Arms  of 
the  Senate.^ 

NOMINATION  FOR  AND  ELECTION  OF  MINUTE  CLERK  OF  THE  SENATE.^ 

The  President'*  declared  nominations  for  ^^linute  Clerk  of  the  Senate' 
in  order. 

Senator" placed  in  nomination  for  ^Minute  Clerk  of 

the  Senate^ of -_--  County. 

Senator^ seconded  the  nomination  of 

for  Minute  Clerk. 

iSanif  form  for  additional  nominations.) 

The  President"  put  the  question,  "Are  there  any  other  nominations 
for  the  office  of  Minute  Clerk  of  the  Senate^  ? ' ' 

There  being  no  response,  nominations  Avere  declared  closed. 
The  President"  directed  the  Secretary-  to  call  the  roll. 
The  roll  was  called.  Avith  the  following  result : 

For — Senators^ 

For — Senators' 

Whereupon  the  President"  declared having  received  a 

majority  of  all  of  the  votes  cast  was  duly  elected  IMinute  Clerk  of  the 
Senate.^ 

NOMINATION    FOR    AND   ELECTION    OF    CHAPLAIN. 

The  President"  declared  nominations  for  the  office  of  Chaplain  of 
the  Senate^  in  order. 

Senator" placed  in  nomination  for  Chaplain  of  the 

Senate'  Rev. of County. 

Senator" seconded  the  nomination  of  Rev. 

for  Chaplain. 

(Same    form    for    additional    nominations.) 


LEGISLATIVE   MAXUAL    AND    FORM    BOOK.  21 

The  President^*  put  the  question,  "Are  there  any  further  nomina- 
tions for  the  office  of  Chaplain  of  the  Senate^?" 

There  being  no  response,  the  nominations  were  deehired  closed. 

The  President^*  directed  the  Secretary-  to  call  the  roll. 

The  roll  was  called,  with  the  following  result : 

For  Rev. —Senators' 

For  Rir. — Senators' 

Whereupon  the  President^*  declared  Rev. having  received  a 

majority  of  all  of  the  votes  cast  was  duly  elec-ted  Chaplain  of  the 
Senate.^ 

OATH    OF    OFFICE    ADMINISTERED. 

The  newly  elected  officers  of  the  Senate/ ,  Secretary,- 

Sergeant-at-Arms, ,  Minute 

Clerk,  and  Rev. Chaplain,  appeared  at  the  bar  of 

the  Senate^  where  the  con.stitutional  oath  of  office  was  administered  to 

them  by  Lieutenant  Governor ,  President  of  the 

Senate.''  and  they  snb.scribed  to  the  same. 

RESOLUTION. 

The  following  resolution  was  offered: 
By  Senator^ : 

Resolved.  That  the  standini;  rules  of  the  Senate'  of  the session  of  the  Legis- 
lature of  the  State  of  California  be  and  they  are  hereby  adopted  as  the  temporary 

rules  of  the  Senate'  of  the session  excepting  [such  rules  as  may  conflict  with 

temporary   organization ] . 

Re.solution  read  and  on  motion  of  Senator^' adopted. 

TE.MI'ORARY    KUI.tCS    OF    THE    SENATE.' 

Rule  1.  etc. 

RESOLUTION. 

The  following  resolution  was  offered: 
By  Senator^ : 

Rciolrrd.  That  the  Secretary^  of  the  Senate'  is  hereby  directed  to  notify  the 
A.ssembly'"  that  the  Senate'  is  now  duly  organized  and  ready  to  proceed  with  the  busi- 
ness of  the  State,  having  elected  the  following  statutory  officers : 

I'resid«'nt  pro  teni. — 1 

Secretary  of  Senate — ' 

Sergeant-at-Arms — 

Minute   Clerk — 

Clia  plain — 

Resolution  read  and  on  motion  of  Senator' ailopted. 

KESor-UTION. 

The  following  resolution  was  offered: 
By  Senator'' : 

RcHolrvd.  That  the  I'rcsidcnt"'  of  the  S.'iiate'  appoint  a  special  committee  of  three 
to  notify  the  (iovernor  of  the  organization  of  the  Senate.'  and  that  the  Senate  is 
now  ready  to  receive  any  runuiiunicatiim  he  may  desire  to  transmit. 

Resolution  r^ad  and  on  inolion  of  Scnalor'" ;ido|it(il. 

\l'|-<il.\  I'M  INI'   III-   Sl'i:ilAI.   COMMITTEE. 

Tlic   l'l'cHd<'iit   jiiiiioiiiicimI   IIic  ;i|i|»oiiitlii('lil    ol'  Srii;i1ois '  , 

and as  tin-  special  cominitlcr  !(»  call  upon 

the  Oovernor  and  notify  him  of  tlic  orgaiii/alion  of  the  Sniiitc'  and  its 
readiijcs.s  to  rcccivi-  liis  coiniiMinicat  ions. 


22  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

APPOINTMENT  BY  SECRETARY.^ 

The  following-  conmumieatiou  was  received  and  read: 

Mb.  rRKsiDKNT'* :  1  beg  leave  to  report  that  I  have  this  day  appointed 

Assistant  Secretary-  and  Clerk  of  Committee  on  Printing  at  a  per  diem 

of  $9.00,  and  respectfully  ask  the  consent  of  the  Senate  thereto. 

.  Secretary-  of  Senate.* 

Senator^ moved  that  the  appointment  be  confirmed 

by  the  Senate.' 

The  question  being  on  the  confirmation  of  the  appointment. 

The  roll  was  called,  and  the  appointment  confirmed-^  by  the  following 
vote : 

Ayes — Senators    


Noes — 

INTRODUCTIOX  OF  CONCURRENT  RESOLUTION.^'' 

The  following  concurrent  resolution  was  offered : 

By  Senator :  Senate  Concurrent  Resolution  No.  1. — - 

Relative  to  inaugural  ceremonies. 

R(.'<ohc<]  1)1/  the  Senate,  the  Assenihhj  coneurrinr/.  That  a  committee  of  three 
memhers  of  the  Senate  be  appointed  to  confer  with  a  committee  of  four  members  of 
the  Assembly  to  make  arrangements  for  the  inaugural  ceremonies,  said  committee  to 
be  appointed  by  the  President  of  the  Senate  and  the  Speaker  of  the  Assembly, 
respectively,  and  to  have  full  power  to  act  in  the  premises:  any  expense  to  be  paid 
equally  by  the  Senate  and  Assembly  out  of  the  several  contingent  funds,  and  not  to 
exceed  in  the  aggregate  the  sum  of  five  hundred  dollars. 

Resolution  read. 

Senator moved  that  the  resolution  be  considered  without 

reference  to  committee. 

Motion  carried. 

The  question  being  on  the  adoption  of  the  resolution. 

The  roll  was  called,  and  Senate  Concurrent  Resolution  No.  1  adopted 
by  the  following  vote: 

Ayes — Senators    


Noes — 

Senate  Concurrent  Resolution  No.   1  ordered  engrossed  and  trans- 
mitted to  the  Assembly. 

RECESS. 

At  —  o'clock  and minutes  p.m.,  on  motion  of  Senator-' ^ 

the  Pi-esident'*  declared  the   Senate^   at  recess  until o'clock  and 

minutes  p.m. 

RECONVENED. 

At o'clock  and minutes  p.m.  the  Senate^  reconvened. 

Lieutenant  Governor ,  President  of  the  Senate/"  in 

the  chair. 


LEGISLATIVE   MANU-VL   AXD   FORM    BOOK.  23 

REPORT    OF   SPECIAL    COMMITTEE. 

The  following  report  of  special  committee  was  received  and  read : 

Senate'  Chamber.  Sacramento,  January  4.  1915. 
Mk.  I'resident  :  Your  special  committee  appoiuted  to  notify  the  Governor  of  the 
orsanizatiou  of  the  Senate'  and  that  the  Senate'  is  now  ready  to  receive  any  com- 
munication he  may  desire  to  transmit,  respectfully  reports  that  they  have  communi- 
cated with  the  Governor  as  directed,  and  that  his  Excellency  notified  the  committee 
that  the  biennial  message  would  be  presented  to  the  Senate'  on  the  convening  of  this 
body , ,  19—. 


Committee. 
MESSAGES  FROM  THE  ASSEMBLY.^" 

The  following  messages  from  the  Assembly^''  were  received  and  read : 

Assembly'"  Chamber,  Sackamento.  January  — ,  19 

Mr.  Pre.sident"  :  I  am  directed  to  inform  your  honorable  body  that  the  Assembly" 
is  now  duly  organized  and  ready  to  proceed  with  the  business  of  the  State,  having 
elected  the  following  statutorj-  officers  : 

Speaker — '| 

Speaker  pro  tem. — r  i"- 

Chief  Clerk— ) 

Sergeant-at-Arms — 

Minute  Clerk — 

Chaplain — 

,  Chief   Clerk   of   Assembly. 

By ,   Assistant   Clerk, 

Also  : 

Assembly  Chamber,   Sacramento,  January  4,  1915. 
Mr.  President  :   I  am  directed  to  inform  your  honorable  body  that  the  Assembly 
on   this   day   adopted   Senate   Concurrent   Resolution   No.    1 — Relative   to   inaugural 
ceremonies. 

,  Chief   Clerk    of   Assembly. 

By ,   Assistant   Clerk. 

Senate  Concurrent  Resolution  No.  1  ordered  to  enrollment. 

APPOINTMENT    OF    SPECIAL    COMMITTEE. 

The  President'*  announced  the  appointment  of  Senators^ , 

,  and as  the  specifd  committee  to  act  in 

■conjunction  with  a  like  committee  from  the  Assembly^*'  on  inaugural 
ceremonies,  as  directed  by  Senate  Concurrent  Resolution  No.  1. 

ADJOURNMENT. 

At o'clock  and minutes  p.m.,  on  motion  of  Senator^ 

,  the  President'*  declared  the  Senate^  adjoui-ned. 

EXPLANATORY  NOTE. 

In   the  Assemblj    make   the  following  substitutions. 

'Asscmidy. 

'Chief  Clerk. 

'.M.'iiil«-rs-..l<<i. 

*f 'olllllies. 

'Mr.  or  Messrs. 

•The  Chief  Clerk  tiien  read  (etc.). 

'AsseiMbiymen. 

''<^)mii  from  S  to  9. 

'"Judu'c  of  the  Sui)erior  Court  r)r  otlnr  (iUIcit. 
".M<  iiilx-r  ot  the  Assemldy. 

'fj'he  <'hi<'f  Clerk  cnii'-d  "llie  Assembly  to  order  ami  proceeded   to  call   the  roll. 
'  S|)e;iker.   .Speaker  pro   tem..  Chief  Ch'rk. 
"Speaker  or  Speaker  pro  tem. 


24  LEGISLATIVE    MANUAL    AND   FORM    BOOK. 

'■•APPOINTMENT     OF     COMMITTEE    OF    ESCORT.      The    Chief    Clerk     then 

appointee]  Messrs. :, ,  and 

ii  special  committee  to  escort  the  newly  elected  Speaker  to  the  Chair. 

SPEAKER  IN  THE  CHAIR.     At o'clock  and minutes 

m..  Hon. ,   Speaker  of  the  Assembly,  in  the  Chair. 

'"Senate. 

''Hon. Speaker  of  the  Assenil)ly. 

'"President  pro  tem..  Secretary,  etc. 
'"MESSAGE    FROM    THE    SENATE, 

Senate  Chamber,  Sacramento,  January  4,  1915. 
Mr.  Speaker:   I  am  directed  to  inform  your  honorable  body  that  the  Senate 
on  this  day  adopted  the  following: 

Senate  Concurrent  Resolution  No.  1,  relative  to  inaugural  ceremonies.- 

.  Secretary  of  Senate. 

By ,  Assistant  Secretary. 

Resolution  read. 

Mr. moved  that  the  resolution  1)0  considered  witluiut 

reference   to  committee. 

Molion    carried. 
'I'ho  question  being  on  the  adoption  of  the  resolution. 

The   roll    was   called,   and    Senate   Concurrent    Resolution    No.    1    adopted    by 
the  following  vote : 

Ayes — Messrs , etc. — 77. 

Noes — None. 

Senate  Concurrent  Resolution  No.  1  ordered  transmitted  to  the   Senate. 

^See  section  10  of  this  volume. 
='0r  refused  confirmation. 


SEC.    27. 

(Form.) 

SECOND   DAY    (WHEN   THERE    HAS    BEEN   A   GUBERNATORIAL 

ELECTION). 

(Convening  as  usual.) 

^MESSAGE    FROM    THE    ASSEMBLY. 

The  following  message  from  the  Assembly  Avas  taken  up  and  read: 

Assembly  Chamber.  Sacramento.  January  5,  1915. 
Mr.  President  :   I  am  directed  to  inform  your  honorable  body  that  the  Assembly 
on  this  day  adopted  Assembly  Concurrent  Resolution  No.  1 — Referring  to  canvassing 
vote  for  Governor  and  Lieutenant  Governor. 

Chief    Clerk    of    Assembly. 

By Assistant   Clerk. 

Assembly  Concurrent  Resolution   No.  1. 
Reaolved  hy  the  AsaemUy,  the  Senate  concurring,  That  the  Senate  and  Assembly 
meet  in  joint  session  in  the  Assembly  Chamber  at  two  o'clock   in   the  afternoon  of 

this  day, for  the  purpose  of  being  present  when  the  Speaker  of 

the  Assembly  shall  open  and  publish  the  returns  of  the  election  for  Governor  and 
Lieutenant  Governor,  as  provided  and  required  by  article  Y,  section  4,  of  the 
Constitution  of  the  State  of  California. 

Resolution  read. 

Senator moved  that   the   resolution  be  considered 

without  reference  to  committee. 

^Motion  carried. 

The  question  being  on  the  adoption  of  the  resolution. 

The   roll   was   called,   and   Assembly    Concurrent   Resolution   Xo.    1 

adopted  by  the  following  vote: 

Aye.s — Senators'    .    etc. 

Noes — 

Assembly  Concurrent  Resolution  No.   1  ordered  transmitted  to  the 
Assembly. 


LEGISLATIVE    MANUAL    AXD    FORM    BOOK.  25 

RESOLUTIOXS. 

The  following  resolutions  were  offered: 

3y  Senator^ : 

Resolved.  That  a  special  committee  of  tliree  be  appointed  on  contingent  expenses 
and  mileage. 

Kesohition  read  and  on  motion  of  Senator^ adopted. 

Also : 

By  Senator^ : 

Tiesolted.  That  a  special  committee  of  three  member.?  be  appointed  by  the  President' 

of  the  Senate"  to  propo.se  and  present  Standing  Rules  of  the  Senate"  for  the 

session  of  the  Legislature. 

Ee.solution  read  and  on  motion  of  Senator^ adopted. 

APPOINTMENT    OF    COMMITTEES. 

The  Pi-esidenf-  announced  the  appointment  of  Senators^ , 

and    as    the    Committee    on    Contingent 

Expenses  and  Mileage. 

Also : 

Senators* ,  and as  the 

Committee  on  Standing  Rules  of  the  Senate.' 

APPOINTMENTS  BY  THE  PRESIDENT." 

To  the  Senate^'  of  the  State  of  California  : 

I  beg  leave  to  announce  that  I  have  this  day  appointed . 

,    and   as   pages   at  $2.50   per   diem,   and 

respectfully  ask  the  consent  of  the  Senate  thereto. 

,  President"  of  the  Senate. 

Senator^    moved   that   the   Senate''   consent   to  the 

appointments  by  the  President. - 

The  roll  was  called,  and  the  consent  of  the  Senate'  granted  by  the 
following  vote : 

Ayes — Senators*    

Noes — 


RESOLUTION. 

The  following  resolution   was  offered: 
By  Senator^ : 

Rexoh-ed.  That  the  following  named  persons  be  and  thoy  are  hereby  appointed 
to  tile  respective  positions  hereinafter  set  forth  as  i)rovide(l  by  law  with  the  compen- 
sation set  op|)osite  their  names,  jiayable  weekly,  and  the  Controller  is  hereby  directed 
to  draw  his  warrants  for  the  said  respective  amounts  and  the  Treasurer  is  directed 
to  pav  the  same  : 

Assistant   Minute  Clerk $0  0<)  per  day 

,    Journal    Plerk 6  00  per  day 

,    Postmistress 4  00  per  day 

,  Assistant  Sergeant -a  t-Arms H  00  per  day 

Assistant   Journal  Clerk r>  00  per  day 

Sti'nograplier •"»  Oo   per  (\:\y.    etc. 

Senator moved  that  the  resolution  be  adopted. 

The  (nicstion  being  on  Ihe  ado|)ti(m  of  the  resoliilioii. 

The  rnll  was  called  and  llie  rcsohition  adopted  l»y  the  Inllowing  vole: 

Aye.s — SenatoPH*    

Noes — . 


26  '  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

RESOLUTION    (OUT  OF  ORDER). 

By  consent  of  the  Senate,''  the  following  resolution  was  introduced 
out  of  regular  order : 

By  Senator' : 

Skxate  ("oxcurkknt  Resoh'tion  No.  2. 
Kolativc  to  Appoiutmont  of  Committep  for  Joint  Rules. 
Rfsohcd  hij  the  Senate,  the  Assemhli/  eoncurrbui.  That  a  committee  of  three 
members  of  the  Senate,  one  of  whom  shall  be  the  President  pro  tern.,  be  appointed  to 
•confer  with  a  committee  of  four  members  of  the  Assembly,  one  of  whom  shall  be 
the  Speaker,  said  committees  to  be  appointed  by  the  President  of  Senate  and  Speaker 
of  Assembly,  respectively,  to  propose  and  present  joint  rules  of  the  two  houses  for 
the " session  of  the  Legislature. 

Resolution  read. 

Senator moved  tluit  the  resolution  be  considered  with- 
out reference  to  committee. 
]\lotion  carried. 

The  question  beino-  on  the  adoption  of  the  resolution. 
The  roll  was  called  and  the  resolution  adopted  by  the  following  vote : 
Ayes — Senators 

Noes — 

Senate  Concurrent  Resolution  No.  2  ordered  engrossed  and  trans- 
mitted to  the  Assembly. 

APPOINTMENT    OF    SPECIAL    COMMITTEE. 

The  President  announced,  in  accordance  with  the  above  resolution, 

the  appointment  of  Senators* . ,  and 

as  a  Special  Committee  on  Joint  Rules. 

APPOINTMENT    BY    SERGEANT-AT-ARMS. 

The  following  communication  was  received  and  read : 

Mr.  Pkesiuext^  :  I  beg  leave  to  report  that  I  have  this  day  appointed 

_j Bookkeeper  to  the  Sergeant-at-Arms,  and  respectfully  ask  the  consent  of 

the  Senate'*  thereto. 

,  Sergeant-at-Arms. 

Senator^    moved  that   the   Senate^   consent   to   the 

appointment  by  the  Sergeant-at-Arms. 

The  roll  wa.s  called  and  the  consent  of  the  Senate''  granted  by  the 
following  vote : 

Ayes — Senators*   

XoE.s — 

RECEIPT    OF    PAPERS    IN    CONTESTED    ELECTION. 

The  President  pro  tem.  announced  that  he  had  received  the  papers 

in  the  election  contest,  in  which  ex-Senator contested 

the  election  of  Senator ,  and  that  the  same  would  be 

I'eferred  to  the  proper  committee  Avhen  said  committee  shall  have  been 
appointed. 

MESSAGE    FROM    THE    ASSEMBLY. 

The  following  message  was  received  and  read: 

Assembly  Chamber,  Sacramento,  January  5,  1915. 
Mr.  President  :   I  am  directed  to  inform  your  honorable  body  that  the  Assembly 
on  this  day  adopted  Senate  Concurrent  Resolution   No.  2 — Referring  to  Committee 
on  .Joint  Rules. 

,  Chief  Clerk  of  Assembly. 

Senate  Concurrent  Resoliition  No.  2  ordered  to  enrollment. 


LEGISLATIVE   MAXL'AL   AND   FORM    BOOK.  27 

RECESS. 

At o'clock  and minutes in.,  the  Pre.sident  pro  teni. 

declared  the  Senate  at  recess  for  the  purpose  of  meetiui:  with  the 
Assenihly  in  Joint  Convention  in  accordance  with  the  provi.sions  of 
Assembly  Ccneurrent  Resolution  No.  1. 

IX  JOINT  ("OXVEXTIOX. 

Assembly  Chamber.  Sacramento. 

Tuesday,  January 

At o'clock m.  the  Senate  and  Assembly  met  in  -loint  Conven- 
tion. 

Lieutenant  Governor President  of  the  Senate, 

directed  the  Secretary  of  the  Senate  to  call  the  roll  of  Senators. 

SENATE   ROLL    CALL. 

The  roll  was  called,  and  the  following  answered  to  their  names : 

.Souators    

The  President  of  the  Senate  declared  a  quorum  of  the  Senate  present. 

Hon. Speaker  of  the  Assembly,  directed  the  Chief 

Clerk  of  the  A.ssembly  to  call  the  roll  of  A.ssemblymen. 

assembly  roll  call. 

The  roll  was  called,  and  the  following  answered  to  their  names : 
Messrs. 


: : : —79. 

The  Speaker  of  the  Assembly  declared  a  cpiorum  of  the  Assembly 
present. 

regular  order  of  business. 

By  direction  of  the  President  of  the  Senate,  the  Secretary  of  the 
Senate  read  .sections  of  the  Constitution  of  the  State  of  California  and 
sections  of  the  I^olitical  Code  of  the  State,  which  provide  for  the  two 
branches  of  the  Legislature  meeting  in  joint  convention  for  the  purpose 
of  canva.ssing  the  votes  cast  for  (Jov(M'Tior  and  Lieutenant  (lovcrnoj-.  as 
follows: 

Of  article  V  of  the  Constitn.tion  : 

Section  4.  The  returns  of  everj'  election  for  Governor  sliall  be  sealed  up  and 
transinittfd  to  ilie  seat  of  jfovernment  direoted  to  the  Sjienker  of  the  Assemhly,  who 
sliall.  dnrin;;  the  lirst  week  of  the  session,  open  an<l  publish  Ihcui  in  the  presence 
of  both  houses  of  the  Legislature.  The  per.s<»n  hnvin^'  the  lii;;h«'si  nnnil>er  nf  \otes 
.«hall  be  (iovernor;  but  in  ease  any  two  or  more  have  an  e<iual  and  highest  number 
of  votes,  the  Legislature  shall,  by  joint  vote  of  botli  houst-s,  choose  on.-  of  sut-li 
persons  so  having  .-in  etpia!  and  (he  highest  number  of  votes  for  Covernor. 

.'^e.-tion    L">.      .\   I,iculeu;int  (Jovernur  slnill  I leetcd  at    (he  siune  time  and  places. 

and  in  the  same  manner,  as  tlie  (Jovernor,  an<l  his  term  of  ollice  and  his  (inaliheationK 
of  eligibilitv  shall  also  be  the  same.  He  shall  be  President  of  the  Senate,  but  shall 
have  .»nly  si  easting  vote  therein.  If,  during  a  vacancy  of  the  ollice  of  Governor,  the 
Lieutenant  Governor  .shall  be  impeached,  displaced,  resign,  die,  or  become  incapable 
f.f  perf<.rmiiii;  the  duties  of  his  otiice.  or  be  nbsenl  from  the  State,  the  I'resideni  |.ro 
tempore  of  th''  Senate  shall  act  as  Governor  until  the  vacancy  be  tilled  or  (he  dis- 
nbili(v  shall  cea.se.  The  Lieu(enan(  (Jovernor  shall  be  dis(piali(i<'d  from  liolding  any 
other' olbce  except  n.s  specially  provided  in  (his  Constitution.  <luring  the  term  for 
which    III-  shall    have   br-en   <  lerted. 


28  LEGISLATIVE    MAXTAL   AND   FORM    BOOK. 

Of  the  Political  Code  : 

Si'ction  1202.  When  au  election  has  been  held  to  fill  the  office  of  Governor  or 
Lieutenant  Governor,  the  clerk  of  each  county,  in  addition  to  the  abstract  made  for 
transmission  to  the  Secretarv  of  State,  must,  as  soon  as  the  statement  of  the  vote  of 
his  countv  is  made  out  and  entered  upon  the  records  of  the  boards  of  supervisors, 
make  two  certified  abstracts  of  so  much  thereof  as  relates  to  the  vote  given  for  such 
officers.  ,  .    1  , 

Section  1203.  The  clerk  must  seal  up  each  abstract  separately,  and  indorse  thereon 
"Election  lleturns  for  Governor  and  Lieutenant  Governor." 

Section  12!)4.  lie  must  at  once  direct  one  copy  to  the  Speaker  of  the  Assembly 
next  to  nvH't.  address  it  to  Sacramento.  California,  and  deposit  it,  postpaid,  in  the 
))ost  office. 

Sertion  120").  The  other  copy  he  must  direct  and  address,  m  the  same  manner, 
and  at  once  deliver  it  to  a  member-elect  of  the  Le.dslatnre.  or  to  a  Senator  who 
holds  over:  and  the  person  to  whom  it  is  so  directed  must  deliver  it  to  the  Speaker  on 
or  before  the  second  day  next  after  his  election. 

Seetiou  120(">.  The  returns  for  election  for  Governor  and  Lieutenant  Governor 
must,  (luring  the  first  week  of  the  session,  be  opened,  canvassed,  and  the  result 
declared  bv  the  Speaker  of  the  Assembly,  in  ])resence  of  both  houses. 

Section"  1207.  No  declaralion  of  the  result,  commission  or  certificate  must  be 
withheld  on  account  of  any  defect  or  informality  in  the  return  of  any  election  if  it 
can  with  reasonable  certainty  be  ascertained  from  such  return  what  office  is  intended, 
and  who  is  elected  thereto. 

ANNOUNCEMENT. 

The  Speaker  of  the  Assembly  announced  that  the  election  returns 
from  all  the  counties  in  the  State  had  been  received,  and  were  now  at 
the  desk,  and  that  the  Joint  Convention  would  proceed  with  the 
opening  of  the  returns  from  the  recent  election  of  Governor  and 
Lieutenant  Governor. 

APPOINTMENT    OF    TELLERS. 

The  Speaker  of  the  Assembly  appointed  as  tellers,  on  the  part  of  the 
Assembly,   Messrs.   

The  President  of  the  Senate  appointed  as  tellers,  on  the  part  of  the 
Senate,  Senators 

CANVASS    OF    RETURNS. 

A  canvass  of  the  returns  was  thereupon  made,  and  the  tellers 
reported : 

FOR   GOVERXOR. 

The  tola!  number  of  votes  cast  for  each  of  the  several  candidates  for  the  office"  of 
Governor  of  the  State  of  California  was  announced  as  follows : 


Whereupon  the  Speaker  of  the  Assembly  declared 

duly  elected  Governor  of  the  State  of  California  for 

the  next  succeeding  four  years. 

FOR  LIEUTENAXT  GOVERNOR. 

The  total  number  of  votes  cast  for  each  of  the  several  candidates  for  the  office  of 
Lieutenant  (Governor  of  the  State  of  California  was  announced  as  follows : 


AVhereupon  the  Speaker  of  the  Assembly  declared 

duly  elected  Lieutenant  Governor  of  the  State  of  California  for  the 
next  succeeding  four  years. 


LEGISLATIVE    MAXl'AL    AND    FORM    BOOK.  29 

RESOLUTION. 

Senator offered  the  following  resolution,  and  moved 

its  adoption : 

RcsohctJ.  That  the  hour  of  __ be 

appointed  the  time  when,  and  the  Assembly  Chamber  in  the  State  Capitol,  Sacra- 
mento. Calitornia.  the  place  where,  the  (iovernor  and  Lieutenant  (Tovernor-eleot 
shall  take  the  official  oath  in  the  presence  of  borli  IIousi's  of  the  Ledslatuic  in  jdint. 
convention  assembled,  as  required  in  and  by  section  00.")  of  the  Political  Code. 

That  the  Joint  Committee  on  Inauguration,  already  appointed,  be  and  are  hereby 
directed  to  inform  the  Governor  and  Lieutenant  Governor-elect  of  this  action,  and 
that  when  this  .Joint  Convention  adjourns  it  adjourn  to  meet  at  the  hour  and  place 
aforesaid. 

Re.soliition  read,  and  on  motion  of  Senator adopted. 

READING  AND  APPROVAIi  OF  MINUTES. 

The  minutes  of  the  Joint  Convention  were  then  read,  and  on  motion, 
approved. 

ADJOURNMENT. 

At  two  o'clock  and  thirty  minutes  p.m.,  the  President  pro  teuu-  of 
the  Senate-'  declared  the  Joint  Convention  adjourned  until 


IX  SENATE.' 

RECONVENED. 

At o'clock  and minutes ]n.  the  Seiuite"'  reconvened. 

Lieutenant  Governor President-  of  the  Senate,^  in 

the  chair. 

RECESS." 

At (t  "clock minutes m.,  on  motion  of  Senator 

,  the  President-  declared  the  Senate-'  at  recess.' 

EXPLANATORY  NOTE. 

'Or  Mr. 

"Or  other  pi-csidins'  officer. 

■'Or  As.sembly. 

*Or  Messrs.  .  ^     ,  ,  ,      ., 

•'In  the  Assend)lv  show  the  introduction  and  a<loption  of  Assembly  (oncurreut 
Resolution  No.  1  and  the  receipt  of  the  message  from  the  Senate  announcing  the 
adoption  of  Senate  Concurrent  Resolution  No.  2  with  the  action  of  the  Assembly 
thereon,  in  a<<-ordance  with   the  usual  form. 

"Or  adjournment. 

'Or  adiourned.  •     ,       <>  i     , 

X.    H. —  Inaugural   ceremonies    v;iry    acconlinu^    to    ilie    lasle   ot    the    (.iivernor-eh'cl 

and"  will  i)e  in  accordance  with  the  provisions  of  the resolution  adopted  by  the 

Joint  Convention  on  the  subjeii. 


SEC.    23. 

(Form.) 

CONVENING    OF    SEN  ATE —(  DAILY). 

IX  SEXATIv' 

Sknatk'  Ciiamhkk. 
Sacraiiientn.   California. 

The  Senate'  met  at (»"cluck   ...in..  Lieutenant  (Jovernor 

President-'  of  the  Semite."  in  eliair. 


30  LEGISLATIVE   MANUAL   AND   FORM    BOOK, 

The  roll  was  called  by  Seeivtai-y ,  and  the  following  answered 

to  their  names: 

SontUors    

Also:  (At  the  first  session  after  the  constitutional  recess.) 

Pursnant  to  the  provisions  of Concurrent  Resolution  No 

the  Senate^  reconvened  at  the  hour  of  twelve  o'clock  noon.  Lieutenant 
Governor President  of  the  Senate  in  the  chair. 

EXPLAN'.ATORY  NOTE. 

M")r  Assembly. 

=0r  Hou. 

"Or  other  prosidin;;-  officer. 


SEC.    29.  ,^ 

(Form.) 

(Chanti'e  of  presiding  officer.) 
LIEUTENANT    GOVERNOR'    IN    THE    CHAIR. 

At o'clock  and minutes  __.m.,  Lieutenant 

Governor- ,  President^  of  the  Senate,  in  the  chair. 

EXPLANATORY  NOTE. 

'Or  other  presiding  officer. 
=0r  Hon. 

Also  : 

PRESIDENT^   PRO  TEM.   IN  THE  CHAIR. 

At  --. o'clock  and minutes  __.m.,  Hon. 

President^  pro  tem.  of  the  Senate,  in  the  chair. 


EXPI.AXATORY  NOTE. 

'Or  Sneaker 


Also  : 

SENATOR' IN  THE  CHAIR. 

At o'clock  and minutes  __.m..  Senator^ 

of  the district  was  called  to  the  chair. 


EXPLANATORY   NOTE. 

'Or  Mr. 


SEC.    30.  ^^ 

(Form.) 

PRAYER. 


Prayer  was  offered  by  the  Chaplain,  Rev. 

(Also)*: 

By  invitation  of  the  President.^   prayer  was  then  offered  by  Rev. 


EXPLANATORY    NOTE. 

'Or  Other  presiding  officer. 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  31 

SEC.    31.  ,_ 

(Form.) 

READING    OF    THE    JOURNAL. 

During  the  reading  of  the  Journal  of da}', , 

19-  .,  the  further  reading  was  dispensed  with,  on  motion  of  Senator' 


EXPLANATORY  NOTE. 

^Or  Mr. 


SEC.  32.  ^^ 

(Fcrm.) 

LEAVE    OF   ABSENCE. 

Senator^ was,  on  motion  of  Senator^ 

granted  leave  of  absence  for  this  day. 

EXPLANATORY  NOTE. 

'Or  Mr. 


SEC.   33.  ,^ 

(Form.) 

APPROVAL    OF    JOURNAL. 

On  motion  of  Senator^ the  Journals  of 

day, .  19 .  and day 

19 ,  were  approved  as  corrected. 

EXPLANATORY  NOTE. 

'Or  Mr. 


SEC.   34. 

(Form.) 

PETITIONS. 

Senator   presented  the   following  petition,   which 

was  read  and  ordered  printed  in  the  Journal : 
To  the  State  Legislature: 
Whereas,  etc., 

Signed. 

.ToirN   SMiTir,  ami  1297  othors. 

(Also)  : 

Tlic  following  petition  wa.s  read  and  ordered  printed  in  the  Journal: 

SEC.   35. 

f  Form.) 

COMMUNICATIONS. 

Tlie  following  eoiiiiunnieations  were  read  and  ordei-ed  j)rinted  in  tlie 
Journal : 


32  LEGISLATIVE    MANUAL    AND   FORM   BOOK. 

SEC.   36. 

(Form.) 

HOUR  OF   RECESS   EXTENDED. 

At  twelve  o'clock  and   tliirty  minutes-  p.m.,  on  motion  of  Senator^ 

the  hour  of  reces.s  was  extended  until o'clock 

and minutes. 

EXPLANATOrtY   NOTE. 

'Or  Mr. 

-Ov  at  twelve  o'clock. 


SEC.    37. 

(Form.) 

RECESS. 

(  X(Jou  re.milar.) 

The  hour  of  twelve  o'clock  and  thirty  minutes  p.m.,  having  arrived, 
the  President-  declared  the  Senate  at  recess  until  two  o'clock  p.m. 

Also  : 

At o'clock  and minutes'*  p.m.,  on  motion  of  Senator^ 

the  President-  declared  the  Senate  at  recess  until 

o'clock m. 

EXPLANATORY  NOTE. 

'Or  i\Ir. 

-Or  other  i)res!diui;-  officer. 

^Or  Assembly. 

*0r  at  twelve  o'clock. 


SEC.    38. 

(Form.) 

RECONVENED. 

At o'clock  __.m.,  the  Senate  reconvened. 

Lieutenant  Governor^ ,  President  of  the  Senate,  in 

the  chair. 

Secretary- at  the  de.sk. 

EXPLANATORY  NOTE. 

'Or  Hon. President  pro  tern. 

-Or  other  officer. 


SEC.  39. 

(Form.) 

ADJOURNMENT— (DAILY). 

At o'clock  and minutes  __.m.,  on  motion 

of  Senator^ ,  the  President-  declared  the  Senate^ 

adjourned.* 

AD.TOURNMENT   OUT    OF   RESPECT. 

Also: 

On  motion  of  Senator^ duly  seconded  by  Senator^ 

,  the  Senate'^  decided  by  rising  vote  that  when  adjourn- 
ment for  this  day  should  be  had,  that  such  adjournment  should  be  out 

of  respect  to  the  memory  of  the  late 1 , 

formerlv 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  33 

ADJOURNMENT. 

At o'clook  and minutes m.,  on  motion  of  Sen- 
ator'   tlie  President'-  declared  the  Senate"  adjourned  ont 

of  respect  to  the  memory  of  the  late formerly 


EXPLANATORY  NOTE. 

;;or  Mr. 

"Or  other  presiding  officer. 

^Or  Assembly. 

*Or  until  Monday.  19 at  11:00  o'clock  a.m. 

SEC.   40. 

(Form.) 

ADJOURNMENT. 

(For  Constitutional   Recess  or  Sine   Die.) 

RESOLUTION. 

By  Senator^ : 

Rcsolrcd.  Tliat  a  committee  of  three  be  appointed  to  notify  the  Assembly*  that 
(he  Senate'  is  ready  to  adjourn"  for  the  constitutional  recess  and  ask  if  the  Assembly" 
has  any  further  communications  to  transmit  to  the  Senate.^ 

Resolution  read,  and  on  motion  of  Senator^ adopted. 

APPOINTMENTS    BY    THE    PRESIDENT.^ 

In  accordance  with  the  above  resolution,  Senators^ , 

and were  named  by  the  President^ 

as  tlie  committee  to  notify  the  Assembly-  that  the  Senate''  was  ready 
to  adjourn''  for  the  constitutional  recess. 

RESOLUTION. 

By  Senator' : 

Rcfiohcd,  That  a  connnittce  of  three  be  appointed  by  the  President''  of  tlie  Senate^ 
to  notify  the  Governor  that  the  Senate'  is  ready  to  adjourn^  for  the  constitutional 
recess''  and  ask  if  he  has  an.v  further  communications  to  transmit  to  the  Senate.^ 

Resolution  read,  and  on  motion  of  Senator^ adopted. 

APPOINTMENTS  BA'  THE  PRESIDENT.^ 

In  accordance  with  the  above  resolution  Senators^ , 

and were  named  as  the  committee 

to  notify  the  Governor  that  the  Senate''  was  ready  to  adjourn"  for  the 
constitutional  recess.'' 

******* 

REPORT  OF    COMMITTEE. 

Senator^ ,  as  chairman  of  the  committee  appointed 

to  wait  upon  the  Governor  and  inform  him  of  the  Senate's''  readiness 
to  afljourn"  for  the  C(jns1itutional  recess,"  reported  that  liis  KxcellfUcN 
had  informed  the  committee  that  he  had  no  further  communication  to 
traiisiiiii  to  the  Senate. 

HKI'ORT   OF   COMMITTEE. 

Senator' ,  as  chairman  of  the  committee  api)ointed 

to  notify  the  Assembly-  that  the  Senate'  was  ready  to  adjourn"  for  the 
constitutional  recess,"  i-eporlcd  that  they  had  notified  Ihc  Assembly- 
according  to  their  instructions  and  that  the  As.sembly''  would  shortly 
convey  a  ines.saf<e  to  the  Sciuitc  tlifoiiirh  llicir  comiiiitlee. 

3—16821 


34  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

REPORT  OF  STANDING  COMMITTEE. 

The  following  report  of  standing  committee  was  received  and  read: 

on  enorossment  akd  enrollment. 

Sacramento. 

Mr.  President  :    Your  Committee  on  Engrossment  and  Enrollment  has  examined 


And  reports  that  the  same  have  been  correctly  enrolled  and  presented  the  same  to  the 
Governor  on  this day  of . ,   at o'clock   __.m. 

,  Chairman. 

Also: 

Sacramento.  19 

Mr.  President  :  Your  Committee  on  Engrossment  and  Enrollment  has  examined 


And  reports  that  the  same  have  been  correctly  engrossed. 

,  Chairman. 

MESSAGE  PROM  THE  ASSEMBLY. 

At o'clock  and minutes m..  a  committee  from  the 

Assembl}"-   (Mr." ,  chairman)   appeared  at  the  bar  of 

the  Senate"  and  announced  that  the  Assembly-  had  no  further  com- 
munication to  transmit  to  the  Senate,^  and  now  was  prepared  for 
adjournment"  for  the  constitutional  recess.'^ 

MESSAGE  TO   ASSEMBLY. 

Upon  receipt  of  the  foregoing  message  from  the  Assembly^  the  Presi- 
dent' pro  tem.  announced  that  the  Senate^  had  no  further  communica- 
tion to  transmit  to  the  Assembly-  and  requested  the  Committee  from 
the  Assembly-  to  convey  to  the  Assembly-  the  information  that  the 
Senate^  was  now  prepared  for  adjournment*'  for  the  constitutional 
recess.  ** 

MINUTES  APPROVED. 

The  minutes  of  this  day,  Saturday, ,  19 — ,  were 

read  and  on  motion  of  Senator^ approved. 

ADJOURNMENT. 

"Whereupon,  at  twelve  o'clock  m.,  in  accordance  "with  the  provisions 

of  Senate"'  Concurrent  Resolution  No.  __.  Hon. , 

President  pro  tera.^  of  the  Senate,^  declared  the  Senate"  adjourned® 
for  the  constitutional  recess,**  to  reconvene  at  twelve  o'clock  m.  on 
,  March  __,  19___. 

EXPI.ANATORT  NOTE. 

^Or  Mr. 

^Or  Senate. 

^Or  Assembly. 

*0r  Messi's. 

•''Or  other  presiding  officer. 

*0r  sine  die. 

'Or  Senator. 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  35 


CHAPTER  II. 

CONSTITUTIONAL    PROVISIONS    DIRECTLY   AFFECTING    THE 
POWERS     AND     DUTIES     OF     THE     LEGISLATURE. 

Chapter  Contents. 

Sec.  41.  Right  of  people  to  assemble  and  petition.      (Constitution.) 

Sec.  42.   No  imprisonment  for  debt.    (Constitution.) 

Sec.  48.  Bill  of  attainder — E.r  [jost  facto  law — Obligation  of  contract.  ( Con.sti- 
tution. ) 

Sec.  44.  Privileges  and  immunities.      (Constitution.) 

Sec.  45.  Constitution  mandatory.      (Constitution.) 

Sec.  46.   Rights  reserved  by  people.      (Constitution.) 

Sec.  47.   No  property  (lualitication  of  electors.      (Constitution.) 

Sec.  4S.   Right  to   fish.      (Constitution.) 

Sec.  41).   Primary  elections.      ( (^'onstitution. ) 

Sec.  ~A).  Limitation.s  upon  the  power  of  the  Legislature  to  enact  laws.  (Consti- 
tution. 

Sec.   "tl.  Lending  public  credit  ijrohibited.      (Constitution.) 

Sec.  52.   Regulation  of  charges  of  public  service  corporations.      (Constitution.  ) 

Sec.  53.   State    highway   system   authorized.      (Constitution.) 

Sec.  53i.  Courts  of  the  State.     (Constitution.) 

Sec.  54.   Legislature  to  provide  inferior  courts.      (Constitution.) 

Sec.  55.  Courts  of  record.      (Constitution.) 

Sec.  5(i.  Jurisdiction   of   inferior  courts   and   i)ower.s   of  judges.      (Constitution.) 

Sec.  57.  Court  clerks — Commissioners.      (Constitution.) 

Sec.  5S.   Fees  of  judicial  officers  abolished.      ((Constitution.) 

Sec.  50.   Publication   of   oijinions   of   appellate   courts.      (Constitution.) 

Sec.  r/>.  Militia.      (Constitution.) 

Sec.  (iL  Legislature  to  encourage  education.      (Constitution.) 

Sec.  02.  County  superintendent  of  schools.      ( Ccnsiitution. ) 

Sec.  03.   State  school  fund.      (Con.stitution.) 

Sec.  04.  Common   school  system.      (Con.stitution.) 

Sec.  05.   Support   of   school    system.      (Con.stitution.) 

Sec.  (iO.  State   Board   of   Education — Free   textbooks,      ((^onstituliou.^ 

Sec.  07.   No  i)ul)lic  money   f(jr  sectarian  schools.      (Constitution.) 

Sec.  OS.   Powers   and   duties   of  prison   directors.      (Constitution.) 

Sec.  09.  Legislature  to  prescribe  powers  and  duties  of  prison  otficials.  (Consti- 
tution. 

Sec.   70.   Formation    of    m-w    counties.      (Coiislitut  ion.  I 

Sec.  7L  ('onnty    governments    and    township    organization.      ( ('(uistituliou.  i 

Sec.  72.  Compensation    of    officers    and    jurors.       (Constitution.) 

Sec.   73.  Only  municiiiality  can   tax  for  nnmicipal   purposes.      ( Conslltution.) 

Si'c.  74.  No  delegation  as  to  municipal  inipi-ovi'mcnts  to  ))rivate  corjiorations — 
Exception.      ( Constitution.) 

Sec.  75.   Ceneral   laws  as   to   inspection   of   merehandise.      ( ('(juslitution.  ) 

Sec.   70.  (Jeneral   laws  as  to   formation  of  corporations.      (  Con.s)  lint  ion. ) 

Sec.  77.  Hank  corporations  only  under  general  laws  — .\o  bank  enrrency.  (Consti- 
ludon. ) 

Sec.  7s.  Ivxieii.sion  f)f  franriiisc  of  corporaiion  iJiinission  of  forfei)  nr<'.  (Consti- 
tution. ) 

Ser.  7!».  ( 'orporation  iiroperly  subject  lo  c-ondeniiiaiioM  l'oIi<e  powi-r  noi  abridKeii. 
(Constitution. ) 

Sec.  SO.  Corporation  business  liiniiid  by  elmriei-  Titih  of  liolding  real  e■^)a(e. 
( Const itutir)n. ) 

See.   SI.  'I'ratisfer  of  fninchise  does   not    relieve   I'roin    linbililies.      (  Cons)  i(u(  ion.  i 

See.   S'J.    Stale  Mot   to  lend  rredit  or  own  eorporaiion  «.io<k.      ( < 'onsi  i(ul  ion.  i 


36  LEGISLATIVE   MANUAL   AND   FORM    BOOK, 

Sec.  83.   riiu-o  of  business  of  corporations — Book.s.      (Constitution.) 
Sec.  S4.  Foreign  corporations.      (Constitution.) 

Sec.  85.  Railroad  Commission  created — Its  power.s  piv.scriliod.      (Constitution.) 
Sec.  SG.  Public  utilities — Supervision   of — Local   regulation.      (Constitution.) 
Sec.  87.  I.egislatui-e  may  invest  Railroad  Commi.ssion  with  power  to  fix  compensa- 
tion for  takinu'  public  utility  property.      (Constitution.) 
Sec.  8S.  Duty  of  Legislature  to  enforce  article.      (Constitution.) 
Sec.  81>.  Legislature    may    provide    taxation    exemption    in    certain    cases.      (Consti- 
tution. ) 
See.  90.  Contract  impairing  power  of  taxation  forbidden.      (Constitution.) 
Sec.  01.  Payment  of  real  property  taxes  by  installments.      (Constitution.) 
Sec.  92.  Taxpayer's  annual  pro])erty  statement.      (Con.stitution.) 
Sec.  93.  State  and  county  boards  of  equalization.      (Constitution.) 
Sec.  94.  Property,  where  assessed.      (Constitution.) 
Sec.  95.  Income  tax  may  be  levied.      (Constitution.) 
Sec.  90.  No  poll  tax  to  be  levied.      (Constitution.) 
Sec.  97.  r^xemption  of  certain  trees  and  vines.      (Constitution.) 
Sec.  98.  Legislature  to  provide  for  enforcement.      (Constitution.) 
Sec.  99.  Basis  of  taxation  for  state  purposes.      (Constitution.) 
Sec.  100.  Harbor  frontage  subject  to  eminent  domain.      (Con.stitution.) 
Sec.  101.   People  shall  always  have  access  to  navigable  waters.      (Constitution.) 
Sec.  10"2,  Tide  lands  not  to  pass  into  private  hands.      (Constitution.) 
Sec.  103.  Limitation  of  .state  indebtedness.      (Constitution.) 
Sec.  104.   Exemptions   of  homesteads.      (Constitution.) 

Sec.  105.   Holding  of  unimproved   lands   against   public   interest.      (Constitution.) 
Sec.  100.  Constitution,  how  amended.      (Constitution.) 
Sec.  107.  Constitutional    conventions.      (Constitution.) 
Sec.  lOS.  Power  of  Legislature  to   regulate  aliens.      (Constitution.) 
Sec.  109.  Immigration    of    foreigners    ineligible    to    citizenship    to    be    discouraged. 

(Constitution. ) 
Sec.  110.  Officials   to  be   provided   for  by   Legislature.      (Constitution.) 
Sec.  111.  Fi.scal  year.      (Constitution.) 
Sec.  112.   Suits  against  State.      (Constitution.) 
Sec.  113.  Disqualification    for    bribery.      (Constitution.) 
Sec.   114.  Misconduct    in    office — Corrupt    practices.      (Constitution.) 
Sec.  115.  Election   by   plurality — Municipal   regulations.      (Constitution.) 
Sec.  110.  State   Board   of   Health.      (Constitution.) 
Sec.  117.  Mechanics'   liens.      (Constitution.) 

Sec.  lis.  Term    of    office    when    not    fixed   by    Constitution.      (Constitution.) 
Sec.  119.  Eight-hour  day  on  public  w^ork.      (Constitution.) 
Sec.  120.  Minimum  wage  for  women  and  minors.      (Constitution.) 
Sec.  121.  Workmen's    compensation — Labor    disputes.      (Con.stitution.) 
Sec.  122.  The  recall.      (Constitution.) 


SEC.  41. 


RIGHT   OF    PEOPLE    TO    ASSEMBLE    AND    PETITION. 


The  people  shall  have  the  right  to  freely  assemble  together  to  consult 
for  the  common  good,  to  instruct  their  representatives,  and  to  petition 
the  Legislature  for  redress  of  orievanees.    (Consfifutio>i,  art.  7,  sec.  10.) 


SEC.    42. 

NO    IMPRISONMENT    FOR    DEBT. 

No  person  shall  be  imprisoned  for  debt  in  any  civil  action,  on  mesne 
or  final  process,  unless  in  eases  of  fraud,  nor  in  civil  actions  for  torts, 


LEGISLATIVE   MANUAL    AND    FORM    BOOK.  37 

except  iu  eases  of  wilful  injnry  to  person  or  property;  and  no  person 
shall  be  imprisoned  for  a  militia  fine  in  time  of  peace.  {Const it utioti, 
art.  I.  sec.  15.) 


SEC.    43. 

BILL    OF    ATTAINDER— EX    POST    FACTO    LAW— OBLIGATION    OF 

CONTRACT. 

Xo  bill  of  attainder,  ex  post  facto  law.  or  law  impairing  the  obliga- 
tions of  contracts,  shall  ever  be  passed.    (Coustituiion,  art.  I,  sec.  16.) 


SEC.   44. 

PRIVILEGES    AND    IMMUNITIES. 

No  special  privileges  or  imnumities  shall  ever  l)e  granted  which  may 
not  be  altered,  revoked,  or  repealed  by  the  Legislature,  nor  shall  any 
citizen,  or  class  of  citizens,  be  granted  privileges  or  immunities  Avhich. 
upon  the  same  terms,  shall  not  be  granted  to  all  citizens.  (Constitution, 
art.  I,  sec.  21.) 


SEC.    45. 

CONSTITUTION     MANDATORY. 

The  provisions  of  this  Constitution  are  mandatory  and  prohibitory, 
unless  by  express  Avords  they  are  declared  to  be  otherwise.  (Constitu- 
tion, art.  I,  sec.  22.) 


SEC.    46. 

RIGHTS  RESERVED  BY  PEOPLE. 

This  enumeration  of  rights  shall  not  be  (.-onstrucd  to  impair  or  deny 
others  retained  by  the  people.    (Constitution,  art.  I.  sec.  23.) 


SEC.  47. 

NO  PROPERTY  QUALIFICATION  OF  ELECTORS. 

No  property  qualilication  shall  ever  be  required  for  any  person  to 
vote  or  hold  office.    {Conslitulioii.  art.  I.  sec.  24.) 


SEC.    48. 

RIGHT  TO   FISH. 

The  |)copl('  siiall  li;i\f  liu'  riglil  to  lisli  upon  and  I'nuii  pui)lic  lands 
of  the  State  and  in  the  waters  thereof,  excepting  upon  lands  set  aside 
for  fisli  hatcheries,  and  no  land  owned  by  tiie  State  shall  ever  be  sold 
or  transferred  williout  reserving  in  the  i)eople  the  absolute  right  to 
fish  thereuixjii ;  and  no  law  shall  evei-  be  passed  makinir  it  a  crime  for 
the  {jeoph-  to  enter  upon  the  pul)lie  huids  within  this  Stale  for  the 
purpo.se  of  lishitig  in  any  water  containing  lish  that  have  been  planted 
therein  by  the  State;  itrnridal,  that  the  Legislature  nuiy  by  statute, 
provide  for  the  season  when  and  tlie  ec.iiditions  uiuler  whieh  the  dif- 
ferent  species  of  fisli   may  be  taken,     i  ('(tiisl il iiliun,  art.  I,  .vrc.  2'^.) 


4  9ns 


38  LEGISLATIVE    MANUAL    AND   FORM    BOOK. 

SEC.    49. 

PRIMARY  ELECTIONS. 

The  Lei>islature  shall  have  the  power  to  enact  laws  relative  to  the 
election  of  delegates  to  conventions  of  political  parties;  and  the  Legis- 
lature shall  enact  laws  providing  for  the  direct  nomination  of  candi- 
dates for  public  office,  by  electors,  political  parties,  or  organizations 
of  electors  without  conventions,  at  elections  to  be  known  and  designated 
as  primary  elections ;  also  to  determine  the  tests  and  conditions  upon 
which  electors,  political  parties,  or  organizations  of  electors  may  par- 
ticipate in  any  such  primary  election.  It  shall  also  be  lawful  for  the 
Legislature  to  prescribe  that  any  such  primary  election  shall  be  man- 
datory and  obligatory.  The  Legislature  shall  also  have  the  power  to 
establish  the  rates  of  compensation  for  primary  election  officers  serving 
at  such  primary  elections  in  any  city,  or  city  and  county,  or  county 
or  other  subdivision  of  a  designated  population,  without  making  such 
compensation  uniform,  and  for  such  purpose  such  law  may  declare  the 
population  of  any  city,  city  and  county,  county  or  political  subdivision ; 
provided,  however,  that  until  the  Legislature  shall  enact  a  direct  pri- 
mary election  law  under  the  provisions  of  this  section,  the  present 
primarv  election' law  shall  remain  in  force  and  effect.  (Constituiion, 
art.  IL  sec.  2^.) 

SEC.    50. 

LIMITATIONS    UPON    THE    POWER   OF  THE    LEGISLATURE  TO 
ENACT  LAWS. 

The  legislative  power  of  this  State  shall  be  vested  in  a  Senate  and 
Assembly  which  shall  be  designated  "The  Legislature  of  the  State  of 
California,"  but  the  people  reserve  to  themselves  the  power  to  propose 
laws  and  amendments  to  the  Constitution,  and  to  adopt  or  reject  the 
same,  at  the  polls  independent  of  the  Legislature,  and  also  reserve  the 
power,  at  their  own  option,  to  so  adopt  or  reject  any  act,  or  section 
or  part  of  any  act,  passed  by  the  Legislature.  The  enacting  clause  of 
every  law  shall  be  "The  people  of  the  State  of  California  clo  enact  as 
follows : ' ' 

******  * 

No  act  passed  by  the  Legislature  shall  go  into  effect  until  ninety  days 
after  the  final  adjournment  of  the  session  of  the  Legislature  which 
passed  such  act,  except  acts  calling  elections,  acts  providing  for  tax 
levies  or  appropriations  for  the  usual  current  expenses  of  the  State, 
and  urgency  measures  necessary  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  passed  by  a  two-thirds  vote  of  all  the 
members  elected  to  each  House. 

******* 

Whenever  it  is  deemed  necessary  for  the  immediate  preservation  of 
the  public  peace,  health  or  safety,  that  a  law  shall  go  into  immediate 
effect,  a  statement  of  the  facts  constituting  such  necessity  shall  be  set 
forth  in  one  section  of  the  act,  which  section  shall  be  passed  only  upon 
a  yea  and  nay  vote,  upon  a  separate  roll  call  thereon;  provided,  how- 
ever, that  no  measure  creating  or  abolishing  any  office  or  changing 
the  salary,  term  or  duties  of  any  officer,  or  granting  any  franchise  or 
special   privilege,   or  creating   any  vested   right   or   interest,   shall  be 


LEGISLATIVE    MANUAL   AND   FORM    BOOK.  39 

construed  to  be  an  urgency  measure.  Any  law  so  passeil  l)y  the  Legis- 
lature and  declared  to  be  an  urgency  measure  shall  go  into  immediate 
effect.    (Const if ufin».  art.  JV,  src.  1.) 


SEC.    51. 

LENDING    PUBLIC  CREDIT   PROHIBITED. 

The  Legislature  shall  have  no  power  to  give  or  to  lend,  or  to  authorize 
the  giving  or  lending,  of  the  credit  of  the  State,  or  of  any  county,  city 
and  county,  city,  township,  or  other  political  corporation  or  subdivision 
of  the  State  now  existing,  or  that  may  be  hereafter  established,  in  aid 
of  or  to  any  person,  association  or  corporation,  whether  municipal  or 
otherwise,  or  to  pledge  the  credit  thereof,  in  any  manner  whatever,  for 
the  payment  of  the  liabilities  of  any  individual,  association,  municipal 
or  other  corporation  whatever;  nor  shall  it  have  power  to  make  any 
gift,  or  authorize  the  making  of  any  gift,  of  any  public  money  or  thing 
of  any  value  to  any  individual,  municipal  or  other  corporation  what- 
ever ;  provided,  that  nothing  in  this  section  shall  prevent  the  Legislature 
granting  aid  pursviant  to  section  twenty-two  of  this  article ;  and  it  shall 
not  have  power  to  authorize  the  State,  or  any  political  subdivision 
thereof,  to  subscribe  for  stock,  or  to  become  a  stockholder  in  any  coi'po- 
ration  whatever;  provided,  further,  that  irrigation  districts  for  the 
purpose  of  acquiring  the  control  of  any  entire  international  water  sys- 
tem necessary  for  its  use  and  purposes,  a  part  of  which  is  situated  in 
the  Ignited  States,  and  a  part  thereof  in  a  foreign  country,  may  in  the 
manner  authorized  by  law.  acquire  the  stock  of  any  foreign  corporation 
which  is  the  owner  of,  or  which  holds  the  title  to  the  part  of  such  system 
situated  in  a  foreign  country.      (Constitution,  art.  IV,  sec.  31.) 


SEC.    52. 

REGULATION    OF    CHARGES    OF    PUBLIC    SERVICE   CORPORATIONS. 

The  Legislature  shall  pass  laws  for  tlie  regulation  and  limitation  of 
the  charges  for  services  performed  and  commodities  furnished  by  tele- 
graph and  ga.s  corporations,  and  the  charges  by  corporations  or  indi- 
viduals for  storage  and  wharfage,  in  which  tliere  is  a  public  use;  and 
where  laws  sliall  provide  for  the  selection  of  any  person  or  officer  to 
regulate  and  limit  such  rates,  no  such  person  or  offieer  shall  be  selected 
by  any  corporation  or  individual  interested  in  the  busines.s  to  be  regu- 
lated, and  no  person  shall  be  selected  who  is  an  officer  or  stockholder  in 
any  such  corporation.     (Constifution,  art.  IV,  sec.  33.) 


SEC.    53. 

STATE    HIGHWAY    SYSTEM    AUTHORIZED. 

The  liCgislatnri'  slinll  liavc  [xiwcr  1o  cstalilisli  a  system  ol'  State  liigh- 
wa\s  or  to  declare  any  road  a  Stale  liighway,  and  lo  pass  all  laws 
necessary  or  proper  to  const i-iict  and  maintain  the  same,  and  to  extend 
aid  for  the  eonstrnetion  and  maintenance  in  whoh'  or  in  part  of  any 
county  highway.      (Couslif iifion,  art.  I\',  sec.  '.U>.) 


40  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.   53i/2. 

COURTS  OF  THIS  STATE. 

The  judicial  power  of  the  State  shall  be  vested  in  the  Senate,  sitting- 
as  a  court  of  impeachment,  in  a  Supreme  Court,  District  Courts  of 
Appeal,  Superior  Courts  and  such  inferior  courts  as  the  Legislature 
may  establish  in  any  incorporated  city  or  town,  township,  county,  or 
citv  and  county.      {Consfiiulion,  arf.    VT,  sec.   1.) 


SEC.    54. 

LEGISLATURE   TO    PROVIDE    INFERIOR   COURTS. 

The  Legislature  shall  determine  the  number  of  each  of  the  inferior 
courts  in  incorporated  cities  or  towns,  and  in  townships,  counties,  or 
cities  and  counties,  according  to  the  population  thereof  and  the  number 
of  .judges  or  justices  thereof,  and  shall  fix  by  law  the  powers,  duties 
and  responsibilities  of  each  of  such  courts  and  of  the  judges  or  justices 
thereof;  provided,  such  powers  shall  not  in  any  case  trench  upon  the 
jurisdiction  of  the  several  courts  of  record,  except  that  the  Legislature 
shall  provide  that  said  courts  shall  have  concurrent  jurisdiction  with  the 
Superior  Courts  in  cases  of  forcible  entry  and  detainer,  where  the 
rental  value  does  not  exceed  twenty-five  dollars  per  month,  and  M'here 
the  whole  amount  of  damages  claimed  does  not  exceed  two  hundred 
dollars,  and  in  cases  to  enforce  and  foreclose  liens  on  personal  property 
when  neither  the  amount  of  liens  nor  the  value  of  the  property  amounts 
to  three  hundred  dollars.     {Constitution,  art.  VI,  sec.  11.) 


SEC.    55. 

COURTS  OF  RECORD. 

The  Supreme  Court,  the  District  Courts  of  Appeal,  the  Superior 
Courts,  and  such  other  courts  as  the  Legislature  shall  prescribe,  shall 
be  courts  of  record.     {Constitution,  eirt.  VI,  sec.  12.) 


SEC.    56. 

JURISDICTION    OF    INFERIOR    COURTS    AND    POWERS    OF    JUDGES. 

The  Legislature  shall  fix  by  law  the  jurisdiction  of  any  inferior 
courts  which  may  be  established  in  pursuance  of  section  one  of  this 
article,  and  shall  fix  by  law  the  powers,  duties,  responsibilities  of  the 
judges  thereof.     {Covstitution,  art.  VI,  sec.  13.) 


SEC.    57. 

COURT  CLERKS— COMMISSIONERS. 

The  county  clerks  shall  be  ex  officio  clerks  of  the  courts  of  record  in 
and  for  their  respective  counties,  or  cities  and  counties.  The  Legisla- 
ture may  also  provide  for  the  appointment,  by  the  several  superior 
courts,  of  one  or  more  commissioners  in  their  respective  counties,  or 
cities  and  counties,  witli  autliority  to  perform  chamber  business  of  the 
Judges  of  the  Superior  Courts,  to  take  depositions,  and  perform  such 
other  business  connected  with  the  administration  of  justice  as  may  be 
prescribed  by  law.     {Constitution,  art.  VI,  sec.  14.) 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  41 

SEC.    58. 

FEES    OF    JUDICIAL    OFFICERS    ABOLISHED. 

No  judicial  officer,  except  court  commissioners,  shall  receive  to  his 
own  use  any  fee.s  or  perquisites  of  otlfice ;  prorided,  that  Justices  of  the 
Peace  now  holding-  office  shall  receive  to  their  own  use  such  fees  as  are 
now  allowed  by  law  during  the  terms  for  which  they  have  been  elected. 
(Constitution,  art.  VI,  sec.  15.) 


SEC.    59. 

PUBLICATION    OF    OPINIONS    OF    APPELLATE    COURTS. 

The  Legislature  shall  provide  for  the  speedy  publication  of  such 
opinions  of  the  Supreme  Court  and  of  the  District  Courts  of  Appeal 
as  the  Supreme  Court  may  deem  expedient,  and  all  opinions  shall  be 
free  for  publication  by  any  person.     {Constitution,  art.  VI,  sec.  16.) 


SEC.    60. 

MILITIA. 

The  Legislature  shall  provide,  by  law.  for  organizing  and  disciplining 
the  militia,  in  such  manner  as  it  may  deem  expedient,  not  incompatible 
with  the  Constitution  and  laws  of  the  United  States.  Officers  of  the 
militia  shall  be  elected  or  appointed  in  such  a  manner  as  the  Legislature 
shall,  from  time  to  time,  direct,  and  shall  be  commissioned  by  the  Gov- 
ernor. The  Governor  shall  have  power  to  call  forth  the  militia  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions.     {Constitution,  art.  VIII,  sec.  1.) 


SEC.   61. 

LEGISLATURE  TO  ENCOURAGE  EDUCATION. 

A  general  diffusion  of  knowledge  and  intelligence  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people,  the  Legislature 
shall  encourage  by  all  suitable  means  the  promotion  of  intellectual, 
scientific,  moral  and  agricultural  improvement.  {Constitution,  art.  IX. 
sec.  1.) 

SEC.  62. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

A  superintendent  of  schools  for  each  county  shall  be  elected  by  the 
qualified  electors  thereof  at  each  gubernatorial  election;  provided,  that 
the  Legislature  may  authori/.e  two  or  more  counties  to  unite  and  elect 
one  superintendent  for  the  counties  so  uniting.  {Constitution,  arl.  IX. 
sfc.  3.) 


®^^'   ^^'  STATE  SCHOOL   FUND. 

The  proceeds  of  all  lands  that  have  been  or  may  be  gnuited  by  tlie 
United  States  to  this  State  for  the  support  of  common  scIiooIk.  which 
mav  be,  or  may  have  been,  sold  or  disposed  of,  and  tlic  five  liun«lrc<l  thou- 
sand acres  of  bmd  irraiitcd  to  lln-  rn-w  slnlrs  iiihI.'I-  ;m  acl  of  ( 'oiiltcss. 


42  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

tli.stril)iilins'  the  proceeds  of  the  public  lands  among  the  several  states 
of  the  Union,  approved  A.D.  one  thousand  eight  hundred  and  forty-one, 
and  all  estates  of  deceased  persons  wJio  may  have  died  without  leaving  a 
vi'ill  or  heir,  and  also  such  per  cent  as  may  be  granted,  or  may  have  been 
granted,  by  Congress  on  the  sale  of  lands  in  this  State,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  v^hieh,  together  with  all  the 
rents  of  the  unsold  lands,  and  such  other  means  as  the  Legislature  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State.     {Constitution,  art.  IX,  sec.  4.) 

SEC.   64. 

COMMON    SCHOOL    SYSTEM. 

The  Legislature  shall  provide  for  a  system  of  common  schools,  by 
which  a  free  school  shall  be  kept  up  and  supported  in  each  district  at 
least  six  months  in  every  year,  after  the  first  year  in  which  a  school  has 
been  established.     (Constitution,  art.  IX,  sec.  5.) 

SEC.  65. 

SUPPORT  OF  SCHOOL  SYSTEM. 

The  public  school  system  shall  include  day  and  evening  elementary 
schools,  and  such  day  and  evening  secondary  schools,  normal  schools, 
and  technical  schools  as  may  be  established  by  the  Legislature,  or  by 
municipal  or  district  authority.  The  entire  revenue  derived  from  the 
state  school  fund  and  from  the  general  state  school  tax  shall  be  applied 
exclusively  to  the  support  of  day  and  evening  elementary  schools;  but 
the  Legislature  may  authorize  and  cause  to  be  levied  a  special  state 
school  tax  for  the  support  of  day  and  evening  secondary  schools  and 
technical  schools,  or  either  of  such  schools,  included  in  the  public  school 
system,  and  all  revenue  derived  from  such  special  tax  shall  be  applied 
exclusively  to  the  support  of  the  schools  for  which  such  special  tax  shall 
be  levied.    {Constitution,  art.  IX,  sec.  6.) 

SEC.  66 

STATE  BOARD  OF  EDUCATION— FREE  TEXTBOOKS. 

The  Legislature  shall  provide  for  the  appointment  or  election  of  a  state 
board  of  education,  and  said  board  shall  provide,  compile,  or  cause  to  be 
compiled,  and  adopt,  a  uniform  series  of  textbooks  for  use  in  the  day 
and  evening  elementary  schools  throughout  the  State.  The  state  board 
may  cause  such  textbooks,  wdien  adopted,  to  be  printed  and  published 
by  the  Superintendent  of  State  Printing,  at  the  state  printing  office; 
and  wherever  and  however  such  textbooks  may  be  printed  and  pub- 
lished, they  shall  be  furnished  and  distributed  })y  the  State  free  of  cost 
of  any  charge  whatever,  to  all  children  attending  the  day  and  evening 
elementary  schools  of  the  State,  under  such  conditions  as  the  Legisla- 
ture shall  prescribe.  The  textbooks,  so  adopted,  shall  continue  in  use 
not  less  than  four  years,  without  any  change  or  alteration  whatsoever 
which  will  require  or  necessitate  the  furnishing  of  new  books  to  such 
pupils,  and  said  state  board  shall  perform  such  other  duties  as  may  be 
prescribed  by  law.  The  Legislature  shall  provide  for  a  board  of 
education  in  each  county  in  the  State.     The  county  superintendents 


LEGISLATIVE    MANUAL    AND    FORiL    BOOK.  43 

and  the  county  boards  of  cdncation  shall  have  control  of  the  examina- 
tion of  teachers  and  the  granting-  of  teachers"  certificates  within  their 
respective  jurisdictions.     (Consfifufion,  art.  IX.  sec.  7.) 

SEC.    67. 

NO    PUBLIC    MONEY    FOR    SECTARIAN    SCHOOLS. 

Xo  public  money  shall  ever  be  appropriated  for  the  support  of  any 
sectarian  or  denominational  school,  or  any  school  not  under  the  exclusive 
control  of  the  officers  of  the  public  schools:  nor  shall  any  sectarian  or 
denominational  doctrine  be  taught,  or  instruction  thereon  be  permitted, 
directly  or  indirectly,  in  any  of  the  common  schools  of  this  State.  (Con- 
stitution, art.  IX,  sec.  8.) 

SEC.    68. 

POWERS  AND  DUTIES  OF  PRISON   DIRECTORS. 

The  board  of  directors  shall  have  the  charge  and  superintendence  of 
the  state  pi-isons,  and  shall  possess  such  powers  and  perform  such  duties, 
in  respect  to  other  penal  and  reformatory  institutions  of  the  State,  as 
the  Legislature  may  prescribe.     [Constitution,  art.  X,  see.  2.) 

SEC.    69. 

LEGISLATURE    TO    PRESCRIBE    POWERS    AND    DUTIES   OF    PRISON 

OFFICIALS. 

The  Legislature  shall  pass  such  laws  as  may  l^e  necessary  to  further 
define  and  regulate  the  powers  and  duties  of  the  board,  wardens,  and 
clerks,  and  to  carry  into  effect  the  provisions  of  this  article.  {Constitu- 
tiou.  art.  X,  sec.  5.) 

SEC.    70. 

FORMATION    OF   NEW   COUNTIES. 

The  Legislature,  by  general  and  uniform  laws,  may  provide  for  the 
alteration  of  county  boundary  lines,  and  for  the  formation  of  new 
counties;  provided,  however,  that  no  new  county  shall  be  established 
which  shall  reduce  any  county  to  a  population  of  less  than  twenty  thou- 
sand: nor  shall  a  new  county  be  formed  containing  a  less  population 
than  eight  thousand :  nor  .shall  any  line  thereof  pa.ss  within  five  miles 
of  the  exterior  boundary  of  the  city  or  town  in  which  the  county  seat 
of  any  county  proposed  to  be  divided  is  situated.  Every  county  which 
shall  be  enlarged  or  created  from  territory  taken  from  any  other  county 
or  counties,  shall  be  liable  for  a  just  proportion  of  the  existing  debts 
and  liabilities  of  the  county  or  counties  from  which  sucli  territory  shall 
!)('  laki'ii.    (Couslitutiou,  art.  X,  sec.  3.  i 


SEC.    71. 

COUNTY  GOVERNMENTS  AND  TOWNSHIP  ORGANIZATION. 

The  Legislature  .shall  establisli  a  system  of  county  governments,  which 
shall  be  uniform  throughout  the  State;  and  l)y  general  laws  shall  pro- 
vide for  township  organizations,  under  wlii<-h  any  county  may  organize 


•1-i  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

wht'iu'ver  a  majority  of  the  qualifiecl  electors  of  such  county,  voting  at  a 
general  election,  shall  so  determine ;  and  whenever  a  county  shall  adopt 
township  organization,  the  assessment  and  collection  of  the  revenue 
shall  be  made,  and  the  business  of  such  county  and  the  local  affairs  of 
the  several  townships  therein  shall  be  managed  and  transacted,  in  the 
niaiuier  prescribed  by  such  general  laws.    {Constitution,  art.  XI,  sec.  4.) 


SEC.    72. 

COMPENSATION    OF   OFFICERS   AND   JURORS. 

The  Legislature,  by  general  and  uniform  laws,  shall  provide  for  the 
election  or  appointment,  in  the  several  counties,  of  boards  of  supervisors, 
slieriffs.  county  clerks,  district  attorneys,  and  such  other  county,  to\^^l- 
ship.  and  municipal  ofificere  as  public  convenience  may  require,  and  shall 
prescribe  their  duties  and  fix  their  terms  of  office.  It  .shall  regulate  the 
eonipensatiou  of  all  such  officers,  in  proportion  to  duties,  and  may  also 
establish  fees  to  be  charged  and  collected  by  such  officers  for  services 
performed  in  their  respective  offices,  in  the  manner  and  for  the  uses 
]n-ovided  by  law,  and  for  this  purpose  maj'  classify  the  counties  by 
population ;  and  it  shall  provide  for  the  strict  accountability  of  county 
and  township  officers  for  all  fees  which  may  be  collected  by  them,  and 
for  all  public  and  municipal  moneys  which  may  be  paid  to  them,  or 
officially  come  into  their  possession.  It  may  regulate  the  compensation 
of  grand  and  trial  jurors  in  all  courts  within  the  classes  of  counties 
herein  permitted  to  be  made ;  such  compensation,  however,  shall  not,  in 
any  class,  exceed  the  sum  of  three  dollars  per  day  and  mileage.  {Consti- 
ttiliini,  aft.  XI,  src.  5.) 


SEC.    73. 

ONLY    MUNICIPALITY    CAN    TAX    FOR    MUNICIPAL    PURPOSES. 

The  Legislature  shall  have  no  power  to  impose  taxes  upon  counties, 
cities,  tOA\-ns  or  other  public  or  municipal  corporations,  or  upon  the 
inhabitants  or  property  thereof,  for  county,  city,  town,  or  other  munic- 
ipal purposes,  but  may,  by  general  laws,  vest  in  the  corporate  authorities 
thereof  the  power  to  assess  and  collect  taxes  for  such  purposes.  (Con- 
stitution, art.  XI.  sec.  12.) 


SEC.    74. 

NO    DELEGATION     AS    TO     MUNICIPAL     IMPROVEMENTS    TO     PRIVATE 
CORPORATIONS— EXCEPTION. 

The  Legislature  shall  not  delegate  to  any  special  commission,  private 
corporation,  company,  association  or  individual  any  power  to  make, 
control,  appropriate,  supervise  or  in  any  way  interfere  with  any  county, 
city,  town  or  municipal  improvement,  money,  property,  or  effects, 
whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assessments  or 
perform  any  mimicipal  function  whatever,  except  that  the  Legislature 
shall  have  power  to  provide  for  the  .supervision,  regulation  and  conduct, 
in  such  manner  as  it  may  determine,  of  the  affairs  of  irrigation  districts, 
reclamation  districts  or  drainage  districts,  organized  or  existing  under 
any  law  of  this  State.    '  Con.stitution,  art.  XI,  sec.  13.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  45 

SEC.    75. 

GENERAL    LAWS    AS   TO    INSPECTION    OF    MERCHANDISE. 

The  Legislature  may  by  general  and  uniform  laws  provide  for  the 
inspection,  measurement  and  graduation  of  merchandise,  manufactured 
articles  and  commodities,  and  may  provide  for  the  appointment  of  such 
officers  as  may  be  necessary  for  such  inspection,  measurement  and  grad- 
uation.    (Co)tstifutio)i,  art.  XI,  sec.  14.) 

SEC.  75. 

GENERAL  LAWS  AS  TO  FORMATION  OF  CORPORATIONS. 

Corporations  may  be  formed  under  general  laws,  but  shall  not  be 
created  by  special  act.  All  laws  now  in  force  in  the  State  concerning 
corporations,  and  all  laws  that  may  be  hereafter  passed  pursuant  to  this 
section,  may  be  altered  from  time  to  time  or  repealed.  (Constitution, 
art.  XII,  sec.  1.)     (Sec  also  Civil  Code.  sec.  404,  for  detail.) 

SEC.    77. 

BANK     CORPORATIONS     ONLY     UNDER     GENERAL     LAWS— NO     BANK 

CURRENCY. 

The  Legislature  shall  have  no  power  to  pass  any  act  granting  any 
charter  for  banking  purposes,  but  corporations  or  associations  may  be 
formed  for  such  purposes  under  general  laws,  and  the  Legislature  shall 
provide  for  the  classification  of  cities  and  towns  by  population  for  the 
purpase  of  regulating  the  business  of  banking.  No  corporation,  associa- 
tion, or  individual  shall  issue  or  put  in  circulation,  as  money,  anything 
but  the  lawful  money  of  the  United  States.  (Constitution,  art.  XII, 
sec.  5.) 


SEC.    78. 

EXTENSION    OF    FRANCHISE    OF    CORPORATION      REMISSION    OF 

FORFEITURE. 

The  Legislature  shall  not  extend  any  fi-anchise  or  charter,  nor  rt'iiiit 
the  forfeiture  of  any  franchise  or  charter  of  any  ftuasi-public  corpora- 
tion  now  existing  or  which  shall  hereafter  exist  under  the  laws  of  this 
State.     (Constitution,  art.  XII,  sec.  7.) 


SEC.    79. 
CORPORATION     PROPERTY     SUBJECT    TO     CONDEMN  ATION  — POLICE 
POWER    NOT    ABRIDGED. 

The  exercise  of  llie  I'ighl  of  eminent  (loinaiii  shall  nev.r  be  so 
abridged  or  construed  as  to  prevent  the  Legislature  from  taking  the 
|)rf»i)<-rty  and  franchises  of  incorporated  companies  and  subjecting  them 
to  i)iibric  use  the  same  as  the  itrop<'fty  of  individuals,  and  the  exerci.se 
■of  the  police  power  of  the  State  shall  never  be  so  abridged  or  construed 
as  to  permit  corporations  to  eonduet  their  business  in  such  manner  as  to 
infringe  the  rights  of  individmds  or  tin-  nvnend  well  being  of  the  St;ite. 
.(Const  it  III  idii,  art.  XII ,  sec.  H.  t 


46  LEGISLATIVE    MANUAL    AND   FORM    BOOK. 

SEC.    £0. 

CORPORATION    BUSINESS   LIMITED   BY  CHARTER— TERM   OF   HOLDING 

REAL    ESTATE. 

No  corporation  shall  engage  in  any  business  other  than  that  expressly 
authorized  in  its  charter  or  the  law  under  which  it  may  have  been  or 
may  hereafter  be  organized ;  nor  shall  it  hold  for  a  longer  period  than 
five  years  any  real  estate  except  such  as  may  be  necessary  for  carrying 
on  its  business.     iConstitidion.  art.  XII,  sec.  9.) 


SEC.    81. 

TRANSFER    OF    FRANCHISE    DOES    NOT    RELIEVE    FROM    LIABILITIES. 

The  Legislature  shall  not  pass  any  laws  permitting  the  leasing  or 
alienation  of  any  franchise,  so  as  to  relieve  the  franchise  or  property 
held  thereunder  from  the  liabilities  of  the  lessor  or  grantor,  lessee  or 
grantee,  contracted  or  incurred  in  the  operation,  use.  or  enjoyment  of 
such  franchise  or  anv  of  its  privileges.  {Constitution,  art.  XII,  sec. 
10.) 


SEC.  82. 

STATE  NOT  TO  LEND  CREDIT  OR  OWN  CORPORATION  STOCK. 

The  State  shall  not.  in  any  manner,  loan  its  credit,  nor  shall  it  sub- 
scribe to  or  be  interested  in  the  stock  of  any  company,  association,  or 
corporation.     {Constitution,  art.  XII,  sec.  13.) 

SEC.    83. 

PLACE    OF    BUSINESS    OF   CORPORATIONS— BOOKS. 

Every  corporation  other  than  religious,  educational,  or  benevolent, 
organized  or  doing  business  in  this  State,  shall  have  and  maintain  an 
office  or  place  in  this  State  *  *  *  in  which  shall  be  kept,  for  inspection 
by  *  *  *  legislative  committees,  books  in  which  shall  be  recorded  the 
amount  of  capital  stock  subscribed,  and  by  whom ;  the  names  of  the 
owners  of  its  stock,  and  the  amounts  owned  by  them,  respectively;  the 
amount  of  stock  paid  in,  and  by  whom;  the  transfers  of  stock;  the 
amount  of  its  assets  and  liabilities,  and  the  names  and  places  of  resi- 
dence of  its  officers.  {Constitution,  art.  XII,  sec.  14.)  {See  also  Civil 
Code,  sec.  383,  for  detail.) 


SEC.    84. 

FOREIGN    CORPORATIONS. 

Xo  corporation  organized  outside  the  limits  of  this  State  shall  be 
allowed  to  transact  business  within  this  State  on  more  favorable  con- 
ditions than  are  prescribed  by  law  to  similar  corporations  organized 
under  the  laws  of  this  State.     (Constitution,  art.  XII,  sec.  15.) 


LEGISLATIVE   MANUAL    AND   FORM    BOOK.  47 

SEC.    85. 

RAILROAD    COMMISSION    CREATED— ITS    POWERS    PRESCRIBED. 

There  is  hereby  created  a  railroad  commission  which  shall  consist  of 
five  members  ancl  which  shall  be  knoA\Ti  as  the  Railroad  Commission  of 
the  State  of  California.  The  commission  shall  be  appointed  by  the 
Governor  from  the  State  at  large;  provided,  that  the  Legislature,  in  its 
discretion,  may  divide  the  State  into  districts  for  the  purpose  of  such 
appointments,  said  districts  to  be  as  nearly  equal  in  population  as 
practicable ; 

******* 

The  Legislature  shall  fix  the  salaries  of  the  commissioners,  but  pend- 
ing such  action  the  salaries  of  the  commissioners,  their  officers  and 
employees  shall  remain  as  now  fixed  by  law.  The  Legislature  shall  have 
the  power,  by  a  two-thirds  vote  of  all  members  elected  to  each  house,  to 
remove  any  one  or  more  of  said  commissioners  from  office  for  dereliction 
of  duty  or  corruption  or  incompetenc}'. 

******* 

No  provision  of  this  Constitution  shall  be  construed  as  a  limitation 
upon  the  authority  of  the  Legislature  to  confer  upon  the  Railroad  Com- 
mission additional  powers  of  the  same  kind  or  different  from  those 
conferred  herein  which  are  not  inconsistent  with  the  powers  conferred 
upon  the  Railroad  Commission  in  this  Constitution,  and  the  authority 
of  the  Legislature  to  confer  such  additional  powers  is  expressly  declared 
to  be  plenary  and  unlimited  by  any  provision  of  this  Constitution. 
{Constitution,  art.  XII,  sec.  22.) 


SEC.    86. 

PUBLIC    UTILITIES— SUPERVISION    OF— LOCAL    REGULATION. 

Every  private  corporation,  and  every  individual  or  association  of 
individuals,  owning,  operating,  managing,  or  controlling  any  commercial 
railroad,  interurban  railroad,  street  railroad,  canal,  pipe  line,  plant,  or 
equipment,  or  any  part  of  such  railroad,  canal,  pipe  line,  plant,  or 
equipment  within' this  State,  for  the  transportation  or  conveyance  of 
passengers,  or  express  matter,  or  freiglit  of  any  kind,  including  crude 
oil,  or  for  the  transmission  of  teleplione  or  telegraph  messages,  or  for 
the  production,  generation,  transmission,  delivery  or  fnrnisliiiig  of  heat, 
light,  water  or  i)ower  or  for  the  furnishing  of  storage  or  wluirfage  facili- 
ties, either  directly  or  indirectly,  to  or  for  the  i)nblic,  and  every  eonunon 
carrier,  is  hereby  declared  to  be  a  public  utility  subject  to  such  control 
and  regulation  by  the  railroad  commission  as  may  be  provided  by  the 
Legislature,  and  every  cla.ss  of  private  corporations,  individuals,  oi-  asso- 
<-iations  of  individuais  hereafter  declared  by  the  Legislature  to  be  pub- 
lic utilities  shall  likewise  be  subject  to  such  control  and  regulation.  The 
Railroad  Commission  shall  have  and  e.xerei.sc;  sucli  power  and  jurisdic- 
tion to  supervise  and  reguhite  public  utilities,  in  the  State  of  Calirornia, 
and  to  fix  the  rates  to  be  charged  for  conunodities  furnished,  oi-  services 
rendered  by  public  utilities  as  shall  be  conrerred  upon  it  by  the  Legis- 
lature, and  the  right  oi'  the  Legislature  to  confer  powers  ui)on  the  Rail- 
road Commission  respecting  public  utilities  is  hereby  (leehii-e(l  to  be 
plenary   and   to   be   unlimited    by   any    provision    ><\'   ihi^   Coiisf  ilul  lou. 


48  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

From  and  after  the  passage  by  tlie  Legislature  of  laws  conferring  powers 
upon  the  Railroad  Commission  respecting  public  utilities,  all  powers 
respecting  such  public  utilities  vested  in  boards  of  supervisors,  or 
municipal  councils,  or  other  governing  bodies  of  the  several  counties, 
cities  and  counties,  cities  and  towns,  in  this  State,  or  in  any  commission 
created  by  law  and  existing  at  the  time  of  the  passage  of  such  laws, 
shall  cease  so  far  as  such  powers  shall  conflict  with  the  powers  so  con- 
ferred upon  the  Railroad  Commission.  *  *  *  {Consiiiution,  art.  XII, 
sec.  23.) 


SEC.    87. 

LEGISLATURE  MAY  INVEST  RAILROAD  COMMISSION  WITH   POWER  TO 
FIX  COMPENSATION   FOR  TAKING  PUBLIC  UTILITY  PROPERTY. 

The  Railroad  Commission  shall  have  and  exercise  such  power  and 
jurisdiction  as  shall  be  conferred  upon  it  by  the  Legislature  to  fix  the 
just  compensation  to  be  paid  for  the  taking  of  any  property  of  a  public 
utility  in  eminent  domain  proceedings  by  the  State  or  any  county,  city 
and  county,  incorporated  city  or  town,  or  municipal  water  district,  and 
the  right  of  the  Legislature  to  confer  such  powers  upon  the  Railroad 
Commission  is  hereby  declared  to  be  plenary  and  to  be  imlimited  by  any 
provision  of  this  Constitution.  All  acts  of  the  Legislature  heretofore 
adopted,  which  are  in  accordance  herewith,  are  hereby  confirmed  and 
declared  valid.     {Constitution,  art.  XII,  sec.  23a.) 


DUTY  ON  LEGISLATURE  TO  ENFORCE  ARTICLE. 

The  Legislature  shall  pass  all  laws  necessary  for  the  enforcement  of 
the  provisions  of  this  article.     {Constitution,  art.  XII,  sec.  24.) 


SEC.    89. 

LEGISLATURE     MAY     PROVIDE    TAXATION     EXEMPTION     IN     CERTAIN 

CASES. 

All  property  in  the  State  except  as  otherwise  in  this  Constitution 
provided,  not  exempt  under  the  laws  of  the  United  States,  shall  be  taxed 
in  proportion  to  its  value,  to  be  ascertained  as  provided  by  law,  or  as 
hereinafter  provided. 

******* 

The  Legislature  may  provide,  except  in  the  case  of  credits  secured 
by  mortgage  or  trust  deed,  for  a  deduction  from  credits  of  debts  due  to 
bona  fide  residents  of  this  state.     {Constitution,  art.  XIII,  sec.  1.) 


SEC.    90. 

CONTRACT    IMPAIRING    POWER    OF    TAXATION    FORBIDDEN. 

The  power  of  taxation  shall  never  be  surrendered  or  suspended  by  any 
grant  or  contract  to  which  the  State  shall  be  a  party.  {Constitution, 
art.  XIII,  sec.  6.) 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  49 

SEC.    91. 

PAYMENT    OF    REAL    PROPERTY  TAXES    BY    INSTALLMENTS. 

The  Legislature  shall  have  the  power  to  provide  by  law  for  the  pay- 
ment of  all  taxes  ou  real  property  by  installments.  {Constitution,  art. 
XIII,  sec.  7.) 

SEC.    92. 

TAXPAYER'S     ANNUAL     PROPERTY     STATEMENT. 

The  Legislature  shall  by  law  require  each  taxpayer  in  this  State  to 
make  and  deliver  to  the  county  assessor,  annually,  a  statement,  under 
oath,  setting  forth  specifically  all  the  real  and  personal  property  owned 
by  such  taxpayer,  or  in  his  possession,  or  under  his  control,  at  twelve 
o'clock  meridian  on  the  first  Mondav  of  March.  (Canstitution,  art. 
XIII,  sec.  8.) 

SEC.    93. 

STATE    AND   COUNTY   BOARDS   OF   EQUALIZATION. 

The  Legislature  shall  have  power  to  redistrict  the  State  into  four 
districts,  as  nearly  equal  in  population  as  practical,  and  to  provide  for 
the  elections  of  members  of  said  Board  of  Equalization.  {Constitution, 
art.  XIII,  sec.  9.) 


SEC.   94. 

PROPERTY,   WHERE   ASSESSED. 

All  property,  except  as  otherwise  in  this  Constitution  provided,  shall 
be  assessed  in  the  county,  city,  city  and  county,  town  or  township,  or 
district  in  whicli  it  is  situated,  in  the  manner  prescribed  by  law.  {Con- 
stitution, art.  XIII,  sec.  10.) 


SEC.   95. 

INCOME  TAX    MAY   BE   LEVIED. 

Income  taxes  maj'  be  as-sessed  to  and  collected  from  persons,  corpora- 
tions, joint-stock  associations,  or  companies  resident  or  doing  business 
in  this  State,  or  any  one  or  more  of  them,  in  .such  cases  and  amounts, 
and  in  such  manner,  as  shall  be  prescribed  by  law.  {Constitution,  art. 
XIII,  sec.  11.) 


SEC.   96. 

NO    POLL    TAX    TO    BE    LEVIED. 

No  poll  tax  or  head  tax  for  any  purpose  whatsoever  shall  be  levied 
or  collected  in  the  State  of  California.  {Constitution,  art.  XIII,  sec. 
12.) 


-16821 


50  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    97. 

EXEMPTION  OF  CERTAIN  TREES  AND  VINES. 

Fruit  and  nut  bearing  trees  under  the  age  of  four  years  from  the  time 
of  planting  in  orchard  form,  and  grapevines  under  the  age  of  three 
years  from  the  time  of  planting  in  vineyard  form,  shall  be  exempt  from 
taxation,  and  nothing  in  this  article  shall  be  construed  as  subjecting 
such  trees  and  grapevines  to  taxation.  {Constitution,  art.  XIII,  sec. 
12f.) 


SEC.   98. 

LEGISLATURE   TO    PROVIDE    FOR    ENFORCEMENT. 

The  Legislature  shall  pass  all  laws  necessary  to  carry  out  the  pro- 
visions of  this  article.     {Constitution,  art.  XIII,  sec.  13.) 


SEC.    99. 

BASIS  OF  TAXATION    FOR  STATE   PURPOSES. 

Taxes  levied,  assessed  and  collected  as  hereinafter  provided  upon  rail- 
roads, etc.,  *  *  *  shall  be  entirely  and  exclusively  for  State  purposes, 
and  shall  be  levied,  assessed  and  collected  in  the  manner  hereinafter 
provided.  *  *  *  All  the  provisions  of  this  section  shall  be  self-execut- 
ing, and  the  Legislature  shall  pass  all  laws  necessary  to  carry  this  sec- 
tion into  effect,  and  shall  provide  for  a  valuation  and  assessment  of 
the  property  enumerated  in  this  section,  and  shall  prescribe  the  duties 
of  the  State  Board  of  Equalization  and  any  other  officers  in  connection 
with  the  administration  thereof.  The  rates  of  taxation  fixed  in  this 
section  shall  remain  in  force  until  changed  by  the  Legislature,  two 
thirds  of  all  the  members  elected  to  each  of  the  two  houses  voting  in 
favor  thereof.  *  *  *  Until  the  year  1918  the  State  shall  reimburse  any 
and  all  counties  which  sustain  loss  of  revenue  by  the  withdrawal  of  rail- 
road property  from  county  taxation  for  the  net  loss  in  county  revenue 
occasioned  by  the  withdrawal  of  railroad  property  from  county  taxa- 
tion. The  Legislature  shall  provide  for  reimbursement  from  the  general 
funds  of  any  county  to  districts  therein  where  loss  is  occasioned  in 
such  districts  by  the  withdrawal  from  local  taxation  of  property  taxed 
for  State  purposes  only.  *  *  *   {Constitution,  art.  XIII,  sec.  14.) 


SEC.    100. 

HARBOR    FRONTAGE    SUBJECT    TO    EMINENT    DOMAIN. 

The  right  of  eminent  domain  is  hereby  declared  to  exist  in  the  State 
to  all  frontages  on  the  navigable  waters  of  this  State.  {Constitution, 
art.  XIV,  sec.  1.) 

SEC.    101. 

PEOPLE    SHALL    ALWAYS     HAVE    ACCESS    TO     NAVIGABLE    WATERS. 

No  individual,  partnership,  or  corporation,  claiming  or  possessing 
the  frontage  or  tidal  lands  of  a  harbor,  bay,  inlet  estuary,  or  other 
navigable  water  in  this  State,  shall  be  permitted  to  exclude  the  right  of 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  51 

way  to  such  water  whenever  it  is  required  for  any  public  purpose,  nor  to 
destroy  or  obstruct  the  free  navigation  of  such  water;  and  the  Legisla- 
ture shall  enact  such  laws  as  will  give  the  most  liberal  construction  to 
this  provision,  so  that  access  to  the  navigable  waters  of  this  State  shall 
be  alwavs  attainable  for  the  people  thereof.  [Constitution,  art.  XIV, 
sec.  2.)  ^ 


SEC.    102. 

TIDE    LANDS    NOT   TO    PASS    INTO    PRIVATE    HANDS. 

All  tide  lands  within  two  miles  of  any  incorporated  city  or  to\^Ti  in 
this  State,  and  fronting  on  the  waters  of  any  harbor,  estuary,  bay,  or 
inlet,  used  for  the  purposes  of  navigation,  shall  be  withheld  from  grant 
or  sale  to  private  persons,  partnerships,  or  corporations.  {Constitu- 
tion, art.  XIV,  sec.  3.) 


SEC.    103. 

LIMITATION     OF    STATE     INDEBTEDNESS. 

The  Legislature  shall  not,  in  any  manner,  create  any  debt  or  debts, 
liability  or  liabilities,  which  shall,  singly  or  in  the  aggregate  with  any 
previous  debts  or  liabilities,  exceed  the  sum  of  three  hundred  thousand 
dollars,  except  in  case  of  war  to  repel  invasion  or  suppres.s  insurrection, 
imless  the  same  shall  be  authorized  bj'  law  for  some  single  object  of 
work  to  be  distinctly  specified  therein,  which  law  shall  provide  ways  and 
means,  exclusive  of  loans,  for  the  payment  of  the  interest  of  such  debt 
or  liability  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 
of  such  debt  or  liability  within  seventy-five  years  of  the  time  of  the 
contracting  thereof,  and  shall  be  irrepealable  until  the  principal  and 
interest  thereon  shall  be  paid  and  discharged  and  such  law  may  make 
provision  for  a  sinking  fund  to  pay  the  principal  of  such  debt  or  liability 
to  commence  at  a  time  after  the  incurring  of  such  debt  or  liability  of 
not  more  than  a  period  of  one  fourth  of  the  time  of  maturity  of  such 
debt  or  liability.  *  *  *  The  Legislature  may,  at  any  time  after  the 
approval  of  such  law  by  the  people,  if  no  debt  shall  have  been  contracted 
in  pur.suance  thereof,  repeal  the  same.     {Constitution,  art.  XVI,  sec.  1.) 


SEC.    104. 

EXEMPTIONS    OF    HOMESTEADS. 

The  Legislature  shall  protect,  by  law,  from  forced  sale,  a  certain 
portion  of  the  homestead  and  other  property  of  all  heads  of  families. 
{Constitution,  art.  XVII,  sec.  1.) 


SEC    105. 

HOLDING    OF    UNIMPROVED    LANDS    AGAINST    PUBLIC    INTEREST. 

The  holding  of  large  tracts  of  land,  uncultivated  and  unim|)roved. 
by  individuals  or  corporations,  is  again.st  the  public  interest,  and  should 
be  di.scouraged  by  all  means  not  inconsistent  with  the  rights  of  private 
I)roperty.     ' Conslituiion,  art.  XVII,  sec.  2.) 


52  LEGISLATIVE    MANUAL    AXD    FORM    BOOK. 

SEC.    106. 

CONSTITUTION,    HOW    AMENDED. 

Any  amendment  or  amendments  to  this  Constitution  may  be  proposed 
in  the  Senate  or  Assembly,  and  if  two  thirds  of  all  the  members  elected 
to  each  of  the  two  houses  shall  vote  in  favor  thereof,  such  proposed 
amendment  or  amendments  shall  be  entered  in  their  journaLs,  with  tlie 
yeas  and  nays  taken  thereon :  and  it  shall  be  the  duty  of  the  Legislature 
to  submit  such  proposed  amendment  or  amendments  to  the  people  in 
such  manner,  and  at  such  time,  and  after  sneli  publication  as  may  be 
deemed  expedient. 

If  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments, or  any  of  them,  by  a  ma.jority  of  the  qualified  electors  voting 
thereon,  such  amendment  or  amendments  shall  become  a  part  of  this 
Constitution.     (Coustitutio)i.  art.  XVIII,  sec.  1.) 


SEC.    107. 


CONSTITUTIONAL    CONVENTIONS. 


AVhenever  two  thirds  of  the  members  elected  to  each  branch  of  the 
Legislature  shall  deem  it  necessary  to  revise  this  Constitution,  they  shall 
recommend  to  the  electors  to  vote,  at  the  next  general  election,  for  or 
against  a  convention  for  that  purpose,  and  if  a  majority  of  the  electors 
voting  at  such  election  on  the  proposition  for  a  convention  shall  vote  in 
favor  thereof,  the  Legislature  shall,  at  its  next  session,  provide  by  law 
for  calling  the  same.  The  convention  shall  consist  of  a  number  of 
delegates  not  to  exceed  that  of  both  branches  of  the  Legislature,  who 
shall  be  chosen  in  the  same  manner,  and  have  the  same  qualifications, 
as  members  of  the  Legislature.  The  delegates  so  elected  shall  meet 
within  three  months  after  their  election,  at  such  place  as  the  Legislature 
may  direct.     {Constitution,  art.  XVIII,  sec.  2.) 


SEC.    108. 

POWER  OF  LEGISLATURE  TO  REGULATE  ALIENS. 

The  Legislature  shall  prescribe  all  necessary  regulations  for  the  pro- 
tection of  the  State,  and  the  counties,  cities,  and  towns  thereof,  from  the 
burdens  and  evils  arising  from  the  presence  of  aliens  who  are  or  may 
become  vagrants,  paupers,  mendicants,  criminals,  or  invalids  afflicted 
with  contagious  or  infectious  diseases,  and  from  aliens  otherwise  dan- 
gerous or  detrimental  to  the  well-being  or  peace  of  the  State,  and  to 
impose  conditions  upon  which  such  persons  may  reside  in  the  State,  and 
to  provide  the  means  and  mode  of  their  removal  from  the  State,  upon 
failure  or  refusal  to  comply  with  such  conditions ;  provided,  that 
nothing  contained  in  this  section  shall  be  construed  to  impair  or  limit 
the  power  of  the  Legislature  to  pass  such  police  laws  or  other  regula- 
tions as  it  may  deem  necessary.     (Constitution,  art.  XIX.  sec.  1.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  53 


SEC.    109 


IMMIGRATION    OF    FOREIGNERS    INELIGIBLE    TO    CITIZENSHIP    TO    BE 

DISCOURAGED. 

The  presence  of  foreigners  inelijible  to  beeouie  citizens  of  the 
United  States  is  dechired  to  be  dangerous  to  the  well-being  of  the  State, 
and  the  Legislature  shall  discourage  their  immigration  by  all  means 
within  its  power.  Asiatic  coolie'sm  is  a  foim  of  hnmnn  slavery,  and  is 
forever  prohibited  in  this  State,  and  all  contracts  for  coolie  labor  shall 
be  void.  All  companies  or  corporations,  whether  formed  in  this  country 
or  any  foreign  country,  for  the  importation  of  such  labor,  shall  be  sub- 
ject to  such  penalties  as  the  Legislature  may  prescribe.  The  Legislature 
shall  delegate  all  necessary  power  to  the  incorporated  citie?  and  towns 
of  this  State  for  the  removal  of  Chinese  without  the  limits  of  such 
cities  and  towns,  or  for  their  Ibvation  Avithin  prescribed  portions  of 
those  limits,  and  it  shall  also  provide  the  necessary  le2:islation  to  pro- 
hibit the  introduction  into  this  State  of  Chinese  after  the  adoption  of 
this  Constitution.  This  section  shall  be  enforced  by  appropriate  legisla- 
tion.     {Constitution,  art.  XIX,  sec.  4.) 


SEC.    110. 

OFFICIALS   TO    BE    PROVIDED    FOR    BY    LEGISLATURE. 

All  officers  or  commissioners  whose  election  or  appointment  is  not 
provided  for  by  this  Constitution,  and  all  officers  or  commissioners 
whose  offices  or  duties  may  hereafter  be  created  by  law.  shall  be  elected 
by  the  people,  or  appointed,  as  the  Leeislature  mav  direct.  {Constitu- 
tion, art.  XX,  sec.  4.) 


SEC.    111. 

FISCAL  YEAR. 

The  fiscal  year  shall  commence  on  the  first  day  of  July.      (Constituz 
Hon,  art.  XX,  sec.  5.) 


SEC.    112. 

SUITS    AGAINST    STATE. 

Suits  may  be  brought  against  the  State  in  such  manner  and  in  such 
fourts  as  shall  be  directed  by  law.      (Conslllufinii.  art.  XX,  sec.  6.) 


SEC.    112. 

DISQUALIFICATION    FOR   BRIBERY. 

P^very  yxTsoii  shall  be  disqualKied  from  linlding  any  oilice  of  prulit 
in  this  State  who  shall  have  been  convicted  oi'  having  given  or  offered 
a  bribe  to  i)rocui*e  his  election  or  appointuiciit.  i  Cmi.'ifilufinn,  art.  X.W 
sec.  10.) 


54  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    114. 

MISCONDUCT    iN    OFFICE— CORRUPT    PRACTICES. 

Laws  shall  be  made  to  exclude  from  office,  serving  on  juries,  and  from 
the  right  of  suffrage,  persons  convicted  of  bribery,  perjury,  forgery, 
malfeasance  in  office,  or  other  high  crimes.  The  privilege  of  free 
suffrage  shall  be  supported  by  laws  regulating  elections,  and  prohibit- 
ing, under  adequate  penalties,  all  undue  influence  thereon  from  power, 
bribery,  tumult,  or  other  improper  practice.  (Constitution,  art.  XX, 
sec.  11.) 


SEC.    115. 

ELECTION     BY     PLU  RALITY— MUN ICIPAL     REGULATIONS. 

A  plurality  of  the  votes  given  at  any  election  shall  constitute  a  choice 
where  not  otherwise  directed  in  this  Constitution;  provided,  that  it 
shall  be  competent  in  all  charters  of  cities,  counties  or  cities  and  counties 
framed  under  the  authority  of  this  Constitution  to  provide  the  manner 
in  which  their  respective  elective  officers  may  be  elected  and  to  prescribe 
a  higher  proportion  of  the  vote  therefor;  and  provided,  also,  that  it 
shall  be  competent  for  the  Legislature  by  general  law  to  provide  the 
manner  in  which  officers  of  municipalities  organized  or  incorporated 
under  general  laws  may  be  elected  and  to  prescribe  a  higher  proportion 
of  the  vote  therefor.     '{Constitution,  art.  XX,  sec.  13.) 


STATE    BOARD    OF    HEALTH. 

The   Legislature   shall   provide,   by   law,   for  the  maintenance   and 
efficiency  of  a  state  board  of  health.     {Constitution,  art.  XX.  sec.  14.) 


SEC.    117. 

MECHANICS'     LIENS. 

Mechanics,  materialmen,  artisans,  and  laborers  of  every  class  shall 
have  a  lien  upon  the  property  upon  which  they  have  bestowed  labor 
or  furnished  material,  for  the  value  of  such  labor  done  and  material 
furnished:  and  the  Legislature  shall  provide,  by  law,  for  the  speedy 
and  efficient  enforcement  of  such  liens.  {Constitution,  art.  XX, 
sec.  15.) 


SEC.    118. 

TERM   OF  OFFICE   WHEN    NOT   FIXED    BY   CONSTITUTION. 

AVhen  the  term  of  any  officer  or  commissioner  is  not  provided  for  in 
this  Constitution,  the  term  of  such  officer  or  commissioner  may  be 
declared  by  law.  *  *  *   {Constitution,  art.  XX,  sec.  16.) 


LEGISLATINE    MANUAL    AND   FORM    BOOK.  55 

SEC.    119. 

EIGHT-HOUR    DAY   ON    PUBLIC   WORK. 

The  time  of  service  of  all  laborers  or  workmen  or  mechanics  employed 
upon  any  public  works  of  the  State  of  California,  or  of  any  county, 
city  and  county,  city,  town,  district,  township,  or  any  other  political 
subdivision  thereof,  whether  said  work  is  done  by  contract  or  otherwise, 
shall  be  limited  and  restricted  to  eight  hours  in  any  one  calendar  day, 
except  in  cases  of  extraordinary  emergency  caused  by  fire,  Hood,  or 
danger  to  life  and  property,  or  except  to  work  upon  public,  military,  or 
naval  works  or  defenses  in  time  of  war,  and  the  Legislature  shall  pro- 
vide by  law  that  a  stipulation  to  this  effect  shall  l)e  incorporated  in  all 
contracts  for  public  work,  and  prescribe  proper  penalties  for  the  speedy 
and  efficient  enforcement  of  said  law.     (t' oust  it  id  ion,  art.  XX,  sec.  17.) 


SEC.    120. 

MINIMUM    WAGE    FOR    WOMEN    AND    MINORS. 

The  Legislature  may.  by  appropriate  legi.slation,  provide  for  the 
establishment  of  a  minimum  wage  for  women  and  minors  and  may  pro- 
vide for  the  comfort,  health,  safety  and  general  welfare  of  any  and  all 
employees.  Xo  provision  of  this  Constitution  shall  be  construed  as  a 
limitation  upon  the  authority  of  the  Legislature  to  confer  upon  any 
commission  now  or  hereafter  created,  such  power  and  authority  as  the 
Legislature  may  deem  requisite  to  carry  out  the  provisions  of  this 
section.     {Constitiition.  art.  XX,  sec.  17^-.) 


SEC.    121. 

WORKMEN'S  COMPENSATION— LABOR  DISPUTES. 

The  Legislature  may  by  appropriate  legislation  create  and  enforce  a 
liability  on  the  part  of  all  employers  to  compensate  their  employees 
for  any  injury  incurred  by  the  said  employees  in  the  course  of  their 
employment,  irrespective  of  the  fault  of  either  party.  The  Legislature 
may  provide  for  the  settlement  of  any  disputes  arising  under  the  legis- 
lation contemplated  by  this  section,  by  arbitration,  or  by  an  industrial 
accident  board,  by  the  courts,  or  by  eitlier  any  or  all  of  these  agencies, 
anything  in  this  Constitution  to  the  contraiy  notwithstanding.  (Con- 
.^titution,  art.  XX,  sec.  21.) 

SEC.    122. 

THE    RECALL. 

Every  elective  public  officei-  of  the  State  of  California  may  be  removed 
from  office  at  any  time  by  the  electors  entitled  lo  vole  for  a  suceessor 
of  such  incumbent,  through  the  procedure  and  in  the  manner  herein 
provided  for,  which  i)rocedure  shall  be  known  as  the  recall,  and  is  in 
addition  lo  any  rrtlier  method  cf  removal  provided  by  law. 

*  *  ">  *  «  *»  # 

Xo  recall  jx-tilion  shall  be  <ii-eiihited  or  filed  against  any  ofli.-ei-  until 
he  has  actually  held  his  ofliec  for  at  least  six  niniilhs;  save  and  except 
it  may  be  (iled  against  any  member  of  the  Stale  Legislature  at  any 
time  after  five  days  from  tiie  convening  and  ori^'anizing  of  the  licgisla- 
lure  after  his  election. 


56  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

If  at  any  recall  election  the  incumbent  whose  removal  is  sought  is 
not  recalled,  he  shall  be  repaid  from  the  State  treasury  any  amount 
legally  expended  by  him  as  expenses  of  such  election,  and  the  Legisla- 
ture shall  provide  appropriation  for  such  purpose,  and  no  proceedings 
for  another  recall  election  of  said  incumbent  shall  be  initiated  within 
six  months  after  such  election. 

*  *  :;s=  *  *  *  -"f 

In  the  submission  to  the  electors  of  any  petition  proposed  under  this 
article  all  officers  shall  be  guided  by  the  general  laws  of  the  State. 
except  as  otherwise  herein  provided. 

This  article  is  self-executing,  but  legislation  may  be  enacted  to 
facilitate  its  operation,  but  in  no  way  limiting  or  restricting  the  pro- 
visions of  this  article  or  the  powers  herein  reserved.  {Constitution ^ 
art.  XX 111,  sec.  1.) 


LEGISLATIVE   MANUAL   AND   FORM    BOOK.  0( 

« 

CHAPTER  III. 

DRAFTING  AND  INTRODUCTION  OF  BILLS. 

Chapter  Contents. 
Part  I.     <tEXeral  Constitutional  and  Code  ruovisioxs  Kegaroixg  Bill 

DRAFTlN(i. 

Sec.  llio.  Constriictiou  of  the  Codes,  (rolitical  Code;  I'eiial  Code;  Civil  Code: 
Code  of   Civil    Procedure. ) 

Sec.  ll.'4.  I'rovisious  similar  to  laws  existiuc;  at  the  time  of  the  ailoptiou  of  the  codes — • 
How  construed.  (Political  Code;  Code  of  Civil  Procedure;  Civil  Code: 
Penal  Code. ) 

SeL-.  I'J.".  Words  and  phrases.  (Political  Code:  Civil  Code:  Code  of  Civil  Pro- 
cedure. ) 

Sec.  120.  Certain  terms  used  in  the  codes  defined.  (Political  Code;  Civil  Code: 
Code  of  Civil  Procedure ;  Penal  Code.  I 

Sec.  127.  Certain  statutes  preserved  after  the  adoption  of  the  codes.  (I'olitical 
Code;  Penal  Code.) 

Sec.  12S.  The  Codes — -How  cited,  etc.  (P<jliticai  Code:  Civil  Code;  Code  of 
Civil    Procedure;    Penal    Code.) 

Sec.   ]29.   Enacting   clause.      (Constitution.) 

Sec.   130.  Origin   and   passage   of  bills.      ( Constituiion.  i 

Sec.  131.  Title   of    laws — Revision   and    amendment.      (Consiiiuiion.  i 

Sec.  132.  Local  and  special  laws  prohibited.      (Constitution.) 

Sec.  133.   Aid  to  lotteries  prohibited.      (Constitution.) 

Sec.  134.  EtYect   of  amendment.      (Political   Code.) 

Sec.  130.  Construction  of  statutes.      (Political   Code.) 

Sec.  130.  Rejjeal  of  statutes.      (Political  Code.) 

Sec.  137.  Act  repealed  not  revived  by  repeal  of  repealing  act.      (Political  Code.) 

Sec.   138.  Amendatory   act — -When   void.      (Political   Code.) 

Sec.   13J>.   When   statutes   take   effect — The   urgency   section.      (Constitution.) 

Sec.   14t».   When   joint   resolutions   take   effect.      (Constitution.) 

I'AKT  XL     Drafting  of  Apj'uoi'riation   of  P.h.l.s. 
Sec.  141.   Appropriations,    how    made.      (Constituiion.) 
Sec.  142.  <;eneral  appropriation  bill — What  to  contain.      (Constitution.) 
Sec.   143.  Special   approjjriation    bill — Restriction    as   to.      (Constitution.) 
Sec.  144.   Restriction   on   appropriations  and  grant.s   of  aid.      (Constitution.) 
Sec.   14.'.   E.xtra     compen.salion     and     payment     without    express     sanction     of     law 

lirohibited.      (Constitution.) 
Sec.   140.   pivjiaration    of   state   budget — Controller    to   send    out    blanks    to    lie    tilled 

by   lieads  of  departments.      (Political    Code.) 
Sec.   147.    Sam< — Controller    to    send    out    blanks    to    Senators    and    niembers-elect    of 

Legislature.      (Political    Code.) 
Sec.    14S.      SaniJ — Claims     against     Stale     to     be     tiled     with     Controller.      (Polilhal 

Code. ) 

Sec.    14!l.    SaiiK Contndler    to    fnrnisli    tnhnhilcd    slateiueiil.       (P..litieal    Cod.'.) 

See.   l.")!!.    Fortn  <if  ajiproprialiou   hill. 

Part   III.     Drafting  of  Code  Sections  .wd  (Jk.nerai    L.wvs. 

Sec.  ITiL  Code   si'clions.    liow    amended.      (Senate    rule.) 

Sec.  l.VJ.   Form   for  bill  adding  new  code  sect  ion. 

Sec.  1.'3.   Form  for  bill  amending  an  existing  code  section. 

Se<-.  1.'4.   Form    for    bill    repealing    a    code    Keclion. 

>'ec-.  ]."•.    Form  of  bill  amending  ii  general   law. 

Sec.  ir»0.   Fr)rm    for   new   general    law. 

See  l.'.T     I'oiTii    for   liill    willi    iirL'encv   section. 


58  LEGISLATIVE   MANUAL   AND   FORM   BOOK, 

Tart  IV.     Dkaftixc.  of  Co.nstitctional  Amendments  and  Joint  and 
Concurrent  RESOLrTiONs. 

Sot-.   l.'iS.  Con.'^Titutional    nmendmeuts,    and    joint    and    cononrrent    resolutions,    how 
distiuguishod  from  bills.      (Joint  rule.) 

Sec.   L">0.  Joint   and   concurrent   resolutions   distinguished.      (Joint    rule.) 

Sec.  100.  Form   for   con.stitutioual   amendment. 

Sec.  101.  Form   for  joint   resolution. 

Sec.  102.  Form   for  concurrent   resolution. 

Part  V.     Introduction  of  Bills. 

Sec.  163.  Use  of  word  "bill."      (Joint  rule.) 

Sec.  164.  Endorsement  of  bills.      (Joint  rule.) 

Sec.  16.J.  Joint   resolution   treated   as   bills.      (Joint   rule.) 

Sec.  166.  Introducing  a  bill.      (Senate  rule.) 

Sec.  167.  Introducing  of   bills  by   committee.      (Assembly   rule.) 

Sec.  16S.  Introduction   of   bills    after   constitutional    recess.      (Senate    rule.) 

Sec.   1<'>0.  Joint  and  concurrent  resolutions  and  constitutional  amendments.      (Assem- 
bly rule;  Senate  rule.) 

Sec.   170.  Petition  to  be  presented  with  a  brief  statement  of  contents.      (Assembly 
rule.) 

Sec.  171.  Introduction  and  first  reading  of  bills,  etc.      (Form.) 

Sec.  172.   Introduction  of  concurrent  resolution.      (Form.) 

Sec.  173.  Request  for  introduction  of  bill.      (Form.) 

Sec.  174.  Report  of  Committee  on  Introduction  of  P.ills.      (Form.) 

Sec.  175.  Withdrawal  of  bill.      (Form.) 


PART  I.     GENERAL    CONSTITUTIONAL    AND    CODE 
PROVISIONS  REGARDING  BILL  DRAFTING. 

SEC.    123. 

CONSTRUCTION    OF   THE    CODES. 

The  rule  of  the  eommon  law  that  statutes  in  derogation  thereof  are 
to  be  strictly  construed,  has  no  application  to  these  codes.  The  codes 
establish  the  law  of  this  State  respecting  the  subjects  to  which  they 
relate,  and  their  provisions  and  all  proceedings  under  them  are  to  be 
liberally  constraed.  with  a  view  to  effect  its  objects  and  to  promote 
justice."  {Political  Code,  sec.  4;  Civil  Code,  sec.  4;  Code  of  Civil  Pro- 
cedure, sec.  4;  Penal  Code,  sec.  4.) 


SEC.    124. 

PROVISIONS   SIMILAR  TO    LAWS    EXISTING   AT  THE   TIME   OF   THE 
ADOPTION    OF    THE    CODES,    HOW    CONSTRUED. 

The  provisions  of  these  codes,  so  far  as  they  are  substantially  the 
same  as  statutes  existing  at  the  time  of  the  enactment  of  the  codes, 
mu.st  be  construed  as  continuations  thereof,  and  not  as  new  enactments. 
(Political  Code,  sec.  5;  Code  of  Civil  Procedure,  sec.  5;  Civil  Code, 
sec.  5:  Penal  Code,  sec.  5.) 


SEC.    125. 

WORDS    AND    PHRASES. 

"Words  and  phrases  are  construed  according  to  the  context  and  the 
approved  usage  of  the  language ;  but  technical  words  and  phrases,  and 
such  others  as  have  acquired  a  peculiar  and  appropriate  meaning  in 


LEGISLATIVE   MANUAL    AND   FORM    BOOK.  59 

law,  or  are  defined  in  the  succeeding  section,  are  to  be  construed  accord- 
ing to  such  peculiar  and  appropriate  meaning-  or  definition.  {Poliiical 
Code,  sec.  16:  Civil  Code,  sec.  13;  Code  of  Civil  Procedure,  sec.  16.) 


SEC.    126. 

CERTAIN    TERMS    USED    IN    THE    CODES    DEFINED. 

Words  used  in  this  code  in  the  present  tense  include  the  future  as 
well  as  the  present;  words  used  in  the  masculine  gender  include  the 
feminine  and  neuter;  the  singular  number  includes  the  plural,  and  the 
plural  the  singular;  the  word  '"person"  includes  a  corporation  as  well 
as  a  natural  person;  writing  includes  printing  and  typewriting;  oath 
includes  affirmation  or  declaration ;  every  mode  of  oral  statement  under 
oath  or  affirmation  is  embraced  by  the  term  "testify."  and  eveiy  writ- 
ten one  in  the  term  "depose";  signature  or  subscription  includes  mark, 
when  the  person  can  not  write,  his  name  being  written  near  it  by  a 
person  who  writes  his  own  name  as  a  witness;  provided,  that  when  a 
signature  is  made  by  mark  it  must,  in  order  that  the  same  may  be 
acknowledged  or  serve  as  the  signature  to  any  sworn  statement,  be 
Avitnessed  by  two  persons  who  must  subscribe  their  own  names  as 
A^dtnesses  thereto. 

The  following  words,  also,  have  in  this  code  the  signification  attached 
to  them  in  this  section,  unless  otherwise  apparent  from  the  context: 

1.  The  word  "property"  infludes  both  real  and  personal  property; 

2.  The  words  "real  property"  are  co-extensive  with  lands,  tenements, 
and  hereditaments ; 

3.  The  words  "personal  property"  include  money,  goods,  chattels, 
things  in  action,  and  evidences  of  debt ; 

■1.  The  Avord  "mouth"  means  a  calendar  month,  unless  otherwise 
expressed  ; 

5.  The  word  "will"  includes  codicil; 

6.  The  word  "writ"  sitrnifies  an  order  or  precent  in  Avriting,  issued 
in  the  name  of  the  people,  or  of  a  court  or  judicial  officer,  and  the 
word  "proces.s"  a  writ  or  summons  issued  in  the  course  of  judicial 
proceedings : 

7.  The  word  "vessel,"  when  used  with  reference  to  shipping,  includes 
ships  of  all  kinds,  steamboats,  and  steamships,  canal  boats,  barges,  and 
every  sti-uctnn'  a(hipli'd  to  be  navigat(Ml  from  jihice  to  place  for  the 
transportation  of  merchandise  or  persons; 

8.  The  term  "peace  officer"  signifies  any  one  of  the  officers  mentioned 
in  section  eight  hundred  and  seventeen  of  the  Penal  Code ; 

9.  The  term  "magistrate"  signifies  any  one  of  the  officers  mentioncMl 
in  section  eight  hundred  and  eight  of  the  Penal  Code; 

10.  The  word  "state."  when  applied  1o  the  different  parts  of  UK- 
United  States,  includes  the  District  of  Columbia  and  Die  territories; 
and  the  words  "T'nited  States"  may  include  the  di.slrict  and  territories. 

11.  The  word  "section"  whenever  used  in  this  code  refers  to  a  s(>c- 
tion  of  this  code,  unless  .some  other  code  or  statute  is  expressly  men- 
tioned, (rolitical  Code,  sec.  17 ;  Civil  Code,  sec.  14;  Code  of  Civil  I'm- 
cedure,  sec.  17 ;  Penal  Code,  sec.  7.) 


60  LEGISLATIVE   3IAXUAL   AND   FORM    BOOK. 

SEC.    127. 

CERTAIN    STATUTES    PRESERVED    AFTER    ADOPTION    OF   THE   CODES. 

Xotliing  in  either  of  the  four  codes  affects  any  of  the  provisions  of 
certain  statutes,  but  such  statutes  are  recognized  as  continuing  in  force, 
notwithstanding  the  provisions  of  the  codes,  except  so  far  as  they  have 
been  repealed  or  affected  by  subsequent  laws.  (For  complete  list  of 
exempted  statutes,  see  Political  Code,  sec.  19  and  Penal  Code,  sec.  23.) 


SEC.    128. 

THE   CODES— HOW  CITED,   ETC. 

The  codes,  whenever  cited,  enumerated,  referred  to,  or  amended,  may 
be  designated  simply  as  The  Political  Code,  The  Civil  Code,  etc.,  adding, 
whenever  necessary,  the  number  of  the  section.  {Political  Code,  sec. 
20 ;  Civil  Code,  sec.  21 ;  Codf  of  Civil  Procedure,  sec.  19 ;  Penal  Code, 
sec.  24.) 


SEC.    129. 

ENACTING  CLAUSE. 

*  *  *  The  enacting  elan.se  of  every  law  shall  be  "The  people  of  the 
State  of  California  do  enact  as  follows:  *  *  *"  {Constitution,  art.  IV, 
sec.  1.) 


SEC.    130. 

ORIGIN    AND   PASSAGE  OF   BILLS. 

Xo  law  shall  be  passed  except  by  bill.  *  *  *  Any  bill  may 
originate  in  either  house,  but  may  be  amended  or  rejected  by  the  other; 
*  *  *  and  no  bill  shall  become  a  law  without  the  concurrence  of  a 
majority  of  the  members  elected  to  each  house.  {Constitution,  art.  IV, 
sec.  15.) 


SEC.    131. 

TITLE    OF    LAWS— REVISION    AND    AMENDMENT. 

Every  act  shall  embrace  but  one  .subject,  which  subject  shall  be 
expres.sed  in  its  title.  But  if  any  subject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  its  title,  sucli  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be  expressed  in  its  title.  No  law  shall 
be  revi.sed  or  amended  l)y  reference  to  its  title ;  but  such  act  revised  or 
section  amended  shall  be  re-enacted  and  published  at  length  as  revised 
or  amended;  and  all  law^s  of  the  State  of  California,  and  all  official 
writings,  and  the  executive,  legislative,  and  judicial  proceedings  shall 
be  conducted,  preserved,  and  published  in  no  other  than  the  English 
language.     {Constitution,  art.  IV ,  sec.  24.) 

SEC.  132. 

LOCAL  AND  SPECIAL  LAWS  PROHIBITED. 

Section  25  of  article  IV  of  the  Constitution  prohibits  the  passage  by 
the  Legislature  of  local  or  special  laws  in  a  long  list  of  enumerated 
instances. 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  61 

SEC.    133. 

AID  TO   LOTTERIES   PROHIBITED. 

The  Legislature  shall  have  no  powei-  to  authorize  lotteries  or  gift 
enterprises  for  any  purposes.  *  *  *  {ConstHuiion,  art.  IV,  sec.  26.) 

SEC.    134. 

EFFECT    OF    AMENDMENT. 

"Where  a  section  or  part  of  a  statute  is  amended,  it  is  not  to  be 
considered  as  having  been  repealed  and  re-enacted  in  the  amended 
form ;  but  the  portions  which  are  not  altered  are  to  be  considered  as 
having  been  the  law  from  the  time  when  they  were  enacted,  and  the 
new  provisions  are  to  be  considered  as  having  been  enacted  at  the  time 
of  the  amendment.     (Political  Code.  sec.  325.) 


SEC.    135. 

CONSTRUCTION  OF  STATUTES. 

The  general  rules  for  the  construction  of  .statutes  are  contained  in  the 
preliminary  provisions  of  the  different  codes.     (Political  Code.  sec.  326.) 


SEC.    136. 

REPEAL    OF       STATUTES. 

Any  statute  may  be  repealed  at  any  time,  except  when  it  is  otherwise 
provided  therein.  Persons  acting  under  any  statute  are  deemed  to 
have  acted  in  contemplation  of  this  power  of  repeal.  (Political  Code, 
see.  327.) 


SEC.  137. 

ACT  REPEALED  NOT  REVIVED  BY  REPEAL  OF  REPEALING  ACT. 

No  act  or  part  of  an  act.  repealed  by  another  act  of  the  Legislature,  is 
revived  by  the  repeal  of  the  repealing  act  without  express  words  reviv- 
ing .such  repealed  act  or  part  of  an  act.     (Political  Code,  sec.  328.) 


SEC.    138. 

AMENDATORY      ACT— WHEN      VOID. 

An  act  amending  a   section   of  an   ar-t   I't-pe.-ilcd   is   void.        I'nHtical 
Code,  sec.  330.) 


SEC.    139. 

WHEN    STATUTES   TAKE    EFFECT      THE    URGENCY    SECTION. 

Xf)  aet  passt'd  by  tlic  Lcgislaturt'  shall  go  into  cd'ccl  uiilil  niiirty  days 
after  IIk'  final  adjonriniK-nl  of  llic  Lfgishit  iirc  wliicli  pas.st-d  such  ad. 
except  acts  calling  dcclions.  acts  |)r()viding  lor  tax  levies  oi*  appi-<»pria- 
tions  for  the  usual  current  e.xpeiises  of  the  St;ite.  and  ui'geney  incisures 
neces.sary  U)V  the  iiniiiediate  preservation  of  the  public  peace,  lie.-ilth.  or 
safety,  passed  liy  a  two-third.s  vote  of  all  el"  tli.-  ineinlteis  elected  td  e.idi 


62  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

house.  Whenever  it  is  deemed  necessary  for  tlie  immediate  preserva- 
tion of  the  public  peace,  health  or  safety  that  a  law  shall  go  into  imme- 
diate effect,  a  statement  of  the  facts  constituting  such  necessity  shall 
be  set  forth  in  one  section  of  the  act,  whicli  section  shall  be  passed  only 
upon  a  yea  and  nay  vote,  upon  a  separate  roll-call  thereon;  provided, 
hoivever,  that  no  measure  creating  or  abolishing  any  office  or  changing 
the  salary,  term  or  duties  of  any  officer,  or  granting  aii}^  franchise  or 
special  privilege,  or  creating  an.y  vested  right  or  interest,  shall  be 
construed  to  he  an  urgency  measure.  Any  laAv  so  passed  by  the  Legis- 
lature and  declared  to  be  an  urgency  measure  shall  go  into  immediate 
effect.     {Constituiion,  art.  IV,  sec.  1,  par.  4.) 


SEC.    140. 

WHEN  JOINT  RESOLUTIONS  TAKE  EFFECT. 

Every  joint  resolution,  unless  a  different  time  is  prescribed  therein, 
takes  effect  from  its  passage.     (Political  Code,  sec.  324.) 


PART    II.     DRAFTING  OF  APPROPRIATION  BILLS. 

SEC.    141. 

APPROPRIATIONS— HOW    MADE. 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appropriations  made  by  law,  and  upon  warrants  duly  drawn  thereon  by 
the  Controller;  and  no  money  shall  ever  be  appropriated  or  dra^-n  from 
the  State  treasury  for  the  purpose  or  benefit  of  any  corporation,  associa- 
tion, asylum,  hospital,  or  any  other  institution  not  under  the  exclusive 
management  and  control  of  the  State  as  a  State  institution,  nor  shall  any 
grant  or  donation  of  property  ever  be  made  thereto  by  the  State;  'pro- 
vided, that  notwithstanding  anything  contained  in  this  or  any  other 
section  of  this  Constitution,  the  Legislature  shall  have  the  power  to 
grant  aid  to  the  institutions  conducted  for  the  support  and  maintenance 
of  minor  orphans,  or  half  orphans,  or  abandoned  children,  or  aged 
persons  in  indigent  circumstances — such  aid  to  be  granted  by  a  uni- 
form rule,  and  proportioned  to  the  number  of  inmates  of  such  respective 
institutions;  provided,  further,  that  the  State  shall  have  at  any  time 
the  right  to  inquire  into  the  management  of  such  institution;  provided, 
further,  that  whenever  any  county,  or  city  and  county,  or  city  or  town, 
shall  provide  for  the  support  of  minor  orphans,  or  half  orphans,  or 
abandoned  children  or  aged  persons  in  indigent  circumstances,  such 
county,  city  and  county,  city,  or  town  shall  be  entitled  to  receive  the 
same  pro  rata  appropriations  as  may  be  granted  to  such  institutions 
under  church  or  other  control.  An  accurate  statement  of  the  receipts 
and  expenditures  of  public  moneys  shall  be  attached  to  and  published 
with  the  laws  at  every  regular  session  of  the  Legislature.  *  *  *  {Con- 
stitution, art.  IV,  sec.  22.) 


SEC.    142. 

GENERAL    APPROPRIATION     BILL— WHAT    TO    CONTAIN. 

The  General  Appropriation  Bill  shall  contain  no  item  or  items  of 
appropriation  other  than  such  as  are  required  to  pay  the  salaries  of 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  63 

the  State  officers,  the  expenses  of  the  government,  and  of  the  institu- 
tions mider  the  exclusive  control  and  management  of  tlie  State.  {Con- 
sfifufion,  art.  IV,  sec.  29.) 

SEC.    143. 

SPECIAL  APPROPRIATION    BILL— RESTRICTED   TO   ONE    ITEM. 

No  bill  making  an  appropriation  of  money,  except  the  general  appro- 
priation bill,  shall  contain  more  than  one  item  of  appropriation  and 
that  for  one  single  and  certain  purpose  to  be  therein  expressed.  (Con- 
stitution,  art.  IT.  sec.  34.) 

SEC.    144. 

RESTRICTION    ON    APPROPRIATIONS    AND    GRANTS    OF    AID. 

The  Legislature  shall  not  make  an  appropriation  or  pay  from  any 
public  fund  whatever,  or  grant  anything  to  or  in  aid  of  any  religious 
sect,  church,  creed,  or  sectarian  purpose,  or  help  to  support  or  sustain 
any  school,  college,  university,  hospital,  or  other  institution  controlled 
by  any  religious  creed,  church,  or  sectarian  denomination  whatever: 
nor  shall  any  grant  or  donation  of  personal  property  or  real  estate  ever 
be  made  by  the  State  for  any  religious  creed,  church,  or  sectarian  pur- 
pose whatever;  provided,  that  nothing  in  this  section  shall  prevent  the 
Legislature  granting  aid  pursuant  to  .section  twenty-two  of  this  article. 
(Constitution,  art.  IV,  sec.  30.) 

SEC.    145. 

EXTRA    COMPENSATION     AND     PAYMENT    WITHOUT     EXPRESS 
SANCTION    OF    LAW    PROHIBITED. 

The  Legislature  shall  have  no  power  to  grant,  or  authorize  any  county 
or  municipal  autliority  to  grant,  any  extra  compensation  or  allowance 
to  any  public  officer,  agent,  servant,  or  contractor,  after  service  has 
been  rendered,  or  a  contract  has  been  performed  in  Avhole  or  in  part, 
nor  to  pay,  or  to  authorize  the  payment  of,  any  claim  hereafter  created 
against  the  State,  or  any  county  or  municipality  of  tlie  State,  under 
any  agreement  or  contract  made  without  the  express  authority  of  the 
law;  and  all  such  unauthorized  agreements  or  contracts  shall  be  null 
and  void.     {Constitiition,  art.  IV,  sec.  32.) 

SEC.  146. 

PREPARATION  OF  STATE  BUDGET— CONTROLLER  TO  SEND  OUT 
BLANKS  TO  BE  FILLED  BY  HEADS  OF  DEPARTMENTS. 

Not  less  than  forty  days  before  the  beginning  ni'  fach  regular  session 
of  the  Legislature  the  Controller  of  State  shall  send  to  the  head  of 
each  administrative  department  of  the  State  government  and  to  each 
board  or  commission  in  charge  of  any  educational,  charitabk'.  penal  or 
other  inslitulion  supj)oi'l<'d  wholly  or  in  pari  by  apiJrojiriat ion  from  Iho 
State  trea.snry,  a  blank  form,  to  be  filled  out  by  such  liead  of  depart- 
ment, board  or  commi.ssion  with  an  itemized  .statement  of  the  amounts 
of  money  which,  in  the  opinion  of  such  iiead  of  department,  board,  or 
commission,  will  be  required  for  the  proper  .support,  maintenance,  exten- 
sion or  improvement  of  Ihe  department  or  institution  in   his  or  their 


64  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

charge  during  the  two  fiscal  years  next  ensuing.  The  officers,  boards 
and  commissions  receiving  such  blank  forms  shall  return  them,  properly 
tilled  out  and  accompanied  by  such  brief  explanatory  statements  as  they 
may  deem  proper,  to  the  Controller  not  less  than  fifteen  days  before  the 
opening  of  the  regular  session  of  the  Legislature.  {Political  Code,  sec. 
241.) 

SEC.    147. 

SAME— CONTROLLER     TO     SEND     OUT     BLANKS    TO     SENATORS     AND 
MEMBERS-ELECT  OF  LEGISLATURE. 

The  Controller  of  State  shall,  in  similar  manner,  send  a  blank  form 
to  each  senator  and  each  member-elect  of  the  Legislature,  and  such 
senator  or  member-elect  shall  in  like  manner  return  to  the  Controller 
these  blanks  with  entries  showing  the  appropriations  which  such  senator 
or  member-elect  intends  to  propose  to  the  Legislature.  (Political  Code, 
sec.  242.) 

SEC.    148. 

SAME— CLAIMS    AGAINST    STATE    TO    BE    FILED    WITH    CONTROLLER. 

Any  person  having  a  claim  against  the  State,  which  requires  action  by 
the  Legislature,  shall  file  with  the  Controller  a  statement  of  the  amount 
of  such  claim,  together  with  a  brief  statement  of  the  facts  upon  which 
it  is  based,  not  less  than  twenty  days  before  the  opening  of  the  regular 
session  of  the  Legislature.     {Political  Code,  sec.  243.) 

SEC.  149. 

SAME— CONTROLLER  TO  FURNISH  TABULATED  STATEMENT. 

"Within  ten  days  after  the  opening  of  each  regular  session  the  Con- 
troller shall  furnish  to  the  Governor  and  to  each  member  of  the  Legis- 
lature a  tabulated  accoimt  of  the  various  amounts  requested  in  the 
statements  returned  to  him  in  accordance  with  sections  two  hundred 
forty-one  and  two  hundred  forty-two,  and  a  list  of  the  private  claims 
filed  under  section  two  hundred  forty-three.  Such  account  shall  show 
the  several  amounts  asked  for,  the  total  for  each  department  of  [each] 
institution,  the  grand  total,  and  a  brief  description  of  the  purpose  for 
each  proposed  appropriation.     {Political  Code,  sec.  244.) 

SEC.    150. 

FORM    OF    APPROPRIATION    BILL. 

SENATE^  BILL  Xo 

INTRODUCED  BY  SENATORS 

,  19 

Referred  to  CoimixTEE  ox 

AN  ACT 

To  Appropriate  Money  foe  the  Use  of  the  Railroad  Commission  of  the  State 
OF  California  in  the  Control  of  Public  Utilities  Within  Incorporated 
Municipalities. 

The  people  of  the  Siate  of  California  do  enact  as  foUoics: 

Section  1.     The  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated  out 

of  any  money  in  the  state  treasury  not  otherwise  appropriated   to  be  used  bv  tho 

railroad  commission  of  the  State  of  California  in  the  control  of  public  utilities  within 

incorp<^) rated  municipalities. 

EXPLANATORY  XOTE. 

'Or  Assemblr. 
=Or  Mr. 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  65 

PART  III.  DRAFTIXt;  OF  CODE  SECTIONS  AND  GENERAL 

LAWS. 

SEC.    151. 

CODE   SECTIONS,    HOW   AMENDED. 

When  a  bill  amending  a  code  section  is  introdnced,  the  author  of  the 
bill  shall  cause  the  new  matter,  if  any,  to  be  underscored,  and  the  place 
in  the  bill  where  portions  of  the  law  are  proposed  to  be  omitted,  if  any, 
to  be  indicated  by  closed  brackets;  provided,  however,  that  where  the 
subject  consists  of  an  entirely  new  section  the  words  thereof  need  not 
be  underscored,  and  when  any  bill  introduced  repeals  an  existing  law 
in  v.'hole  the  matter  repealed  need  not  be  indicated.  {Senate  rule  No. 
28,  suhdirision  3.) 


SEC.    152. 

FORM    FOR    BILL    ADDING    NEV/    CODE    SECTION. 

SENATE^  BILL  No 

IXTRODrCED  BY  SENATOR- 

,  19 

IIeferred  to  Committee  on 

AN  ACT 

To  Amem)  the  Civil  Cook  of  the  St.\te  of  Calieornia  by  Adding  Thereto  a 
New   Section    to    Be    Numbered   Six    Hundred    Forty-two  r/.    Relating    to 

'/  lic  jjeople  of  the  State  of  Culifoinia  do  ciiavt  «v  folloim: 

Section   1.     A   new  section   is  hereby  added   to  the  Civil   Code  to   be   numbered 
si^ction  six  hundred  forlv-twoff  and  to  read  as  follows: 
G42ff.     *  *   * 

EXPLANATORY  NOTE. 

'Or  Assemhlv. 
=0r  Mr. 


SEC.    153. 

FORM    FOR    BILL   AMENDING   AN    EXISTING   CODE   SECTION. 

SENATE'  liILL  No 

INTRODI'CKO  BY  SENATORS 

,  19 

REiERREI)   TO   CoM.MITTEE   ON 

AN  ACT 

I  O     A.MEND     Sl(lI().N     <>Ni:     TllOl   SAM)     FoUR     IIUNDIIKD     O.NK     t)l       THE     CiVIL     t  'oDK, 
RELATlN(i     TO 

'J'lif    ii/oplr  of  tlir  State  (if  (.'aliforuia  do  enact   ax  folloirx: 

Section  1.     Seclion    oiu-    ihoiisiuul    four   hundn-d    one   of   the   Civil    Code   of    the 
Siiitc  (if  California  is  hcri'hv  aini-ndi-d  so  as  lo  read  when  anu-uded  as  follows: 

140L     •   ♦   ♦ 

EXPLANATORY   NOTE. 

'Or  Assf>nd»lv. 
-Or  .Mr. 


5—16821 


66  LEGISLATIVE   MANUAL   AXD   FORM   BOOK, 

SEC.   154. 

FORM    FOR   BILL   REPEALING  A   CODE   SECTION. 

SENATE^  BILL  No 

INTRODUCED  BY  SENATORS 

19 

Referred  to  Committee  on 

AN  ACT 

To  Repeal  Section  Three  Thousand  Six  Hundred  Sixty-four  of  the  Political 

Code  Relating  to 

The  people  of  the  State  of  Calif ornia  do  enact  as  folloKs: 

Section  1.     Section  three  thousand  six  hundred  sixtj'-four  of  the  Political  Code 
is  hereby  repealed. 

EXPLANATORY  NOTE. 

'Or  Assembly. 
=0r  Mr. 


SEC.   155. 

FORM  OF  BILL  AMENDING  A  GENERAL  LAW. 

SENATE^  BILL  No 

INTRODUCED  BY  SENATORS 

,  19 

Referred  to  Committee  on 

AN  ACT 

To  Amend  Sections  One,  Two,  Three,  Four  and  Five  of  an  Act  Entitled  "An 
Act  to  Provide  for  Local  Improvements  Upon  Streets,  Lanes,  Alleys. 
Courts,  Places,  and  Sidewalks,  and  for  the  Construction  of  Sewers 
Within  Municipalities,  Such  Act  to  Be  Known  as  'The  Local  Improve- 
me:nt  Act  of  1901',"  Approved  February  2G,  1901. 
The  people  of  the  State  of  California  do  enact  ««  folloics: 

Section  1.  Section  one  of  an  act  entitled  "An  act  to  provide  for  local  improve- 
ments upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and  for  the  construc- 
tion of  sewers  within  municipalities,  such  act  to  be  known  as  'The  local  improve- 
ment act  of  IQOl',"  approved  February  26,  1901,  is  hereby  amended  to  read  as 
follows : 

Section  1.     

Sec.  2.     Section  two  of  said  act  is  hereby  amended  to  read  as  follows : 

Sec.  2.     

explanatory  note. 
'Or  Assembly. 
==0r  Mr. 


SEC.    156. 

FORM    FOR    NEW    GENERAL    LAW. 

SENATE^  BILL  No 

INTRODUCED  BY  SENATORS 

19 

Referred  to  Committee  on 

AN  ACT 

To  ^Iake  Lawful  Certain  Agreements  Between  Employees  and  Laborers,  and 

to  Limit  the  IssiriNG  of  Injunctions  in  Certain  Cases. 
The  people  of  the  State  of  California  do  enact  as  foUoirs: 

Section  1.  It  shall  not  be  unlawful  for  persons  ernployed  or  seeking  employment 
to  enter  into  any  arrangements,  agreements,  or  combinations  with  the  view  of  les- 
sening the  hours'  of  labor  or  of  increasing  their  wages  or  bettering  their  condition  : 
and  no  restraining  order  or  injunction  shall  be  granted  by  any  court  of  the  common- 
wealth or  by  any  judge  thereof  in  any  case  between  an  employer  and  employees,  or 
lietween  employers  and  employees,  or  between  persons  employed  and  persons  seeking 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  67 

employmenr.  involving  or  growing  out  of  a  dispute  couoeruiug  terms  or  conditions  of 
tiuplojment.  or  because  of  any  act  or  acts  done  in  pursuance  thereof,  unless  such 
order  or  injunction  be  necessary  to  prevent  irreparable  injury  to  property  or  to  a 
property  ri.^ht  of  the  party  making  the  application,  for  which  there  is  no  adequate 
remedy  at  law  ;  and  such  property  or  property  right  shall  be  particularly  described 
in  the  application,  which  shall  be  sworn  to  by  the  applicant  or  by  his  agent  or 
attorney. 

Sec.  2.  In  construing  this  act.  the  right  to  enter  into  the  relation  of  employer 
and  employee,  to  change  that  relation,  and  to  assume  and  create  a  new  relation  for 
en)ployer  and  employee,  and  to  perform  and  carry  on  business  in  such  relation  with 
any  person  in  any  place,  or  to  do  work  and  labor  as  an  employee,  shall  be  held  and 
construed  to  be  a  personal  and  not  a  property  right.  In  all  cases  involving  the  viola- 
tion of  the  contract  of  employment,  either  by  the  employee  or  employer  where  no 
irreparable  damage  is  about  to  be  committed  upon  the  projjcrty  or  property  right  of 
either,  no  injunction  shall  be  granted,  but  the  i)arties  shall  be  left  to  their  remedv  at 
law. 

Sec.  3.  No  persons  who  are  employed  or  seeking  employment  or  other  labor  shall 
be  indicted,  prosecuted,  or  tried  in  any  court  for  entering  into  any  arrangement, 
agreement,  or  combination  between  themselves  as  such  employees  or  laborers,  made 
with  a  view  of  lessening  the  number  of  hours  of  labor  or  increasing  their  wages  or 
bettering  their  condition,  or  for  any  act  done  in  inirsuance  thereof,  unless  such  act 
is  in  itself  unlawful. 

EXPLANATORY  NOTE. 

'Or  Assemblv. 
=Or  Mr. 


SEC.    157. 

FORM    FOR    BILL   WITH    URGENCY  SECTION. 

SENATE'  BILL  No 

INTRODUCED  BY  SENATORS 

19 

Referred  to  Committee  o.n 

AN  ACT 

AUTIIOI41ZING    THE    STATE    HoARl)    OF    PRISON    DIRECTORS    TO    FIX    THE    PRICE.    TERMS 

ANO  Conditions  of  Sale  at  Which  Jite  Bags  Should  Be  Sold  for  the 
State.  Providing  for  the  Prosecution  and  Punishment  for  Offenses 
Under  the  Same,  and  Repealing  an  Act  Entitled  "An  Act  Fixing  the 
I'kk  E.  Terms  and  Conditions  of  Sale  at  Which  .Iute  Coons  Shall  Be 
Sold  by  the  Staie.  and  I'roviding  for  Prosecution  and  Punishment  for 
Offenses  Under  the  S.\me,"'  Aitkoved  June  Ki,  1013.  and  All  Acts  or 
Parts  of  Acts  in  Conflict  Herewith. 
The  people  of  the  titntc  of  California  do  enact  as  foUoirx: 

Sectio.n  1.  The  state  board  of  prison  directors  are  aiHhorized  and  emiiuwered 
to  adopt  rules  and  regulations  of  the  sale  of  jute  goods,  but  such  rules  and  regula- 
tions, befuiv  they  liecume  clVective.  shall  lie  approved  by  a  majority  of  tlu'  st;ite 
board  of  control.  The  stale  iK)ard  of  prison  iliredors  shall  anntuilly,  in  the  moiith 
of  January  of  each  year  fix  the  price,  for  the  sale  of  jute  bags,  and  give  imlilic  notice 
of  the  same,  for  at  least  ten  days  in  at  least  four  newsi>apers  of  general  circulation 
printed  and  published  as  follow s.  to  wit  :  one  in  the  city  and  county  of  San  Eran- 
cisr-o.  fine  in  the  San  .loaiinin  \alley,  one  in  the  S;ilin;is  valley,  and  (inc  in  the  S.acra- 
iiicnlo  valley.  Until  iIk-  (irst  day  of  April  of  each  year,  julc  bass  shall  be  sold  (Uily 
ii>  consumers  thereof,  but  after  said  dale,  if  a  siuplus  of  .said  jute  bags  rem.iin  unsold, 
they  may  be  sold  to  anyone  in  such  (|uanlities  and  at  such  i)rices  as  the  board  of 
prison  directors  in   their  disfretion  may  deem   pi-oper. 

Sec.  2.  All  orders  for  jute  bags  filed  with  the  Ixianl  of  |)rison  directors  prior  to 
tile  first  day  of  April  of  e:ich  yi'ar.  shall  be  acccjuipaiiied  l)y  an  allidavit  setting  forth 
the  name.  resirl<'nce,  post  oHic<'  adilress  ami  occupation  of  the  appliiant  :  tiiat  the 
amount  of  goods  contained  in  the  order  are  for  the  jip|>licant's  individual  and  per- 
sonal use.  and  that  he  has  not  coiitra<tc<l  for.  nor  agreed  to  contract  for  the  sale  of 
I'ny  portion  thereof  i<i  any  person  or  persons  whatsoevei'.  Said  alliihivit  shall  lie 
Rtibscribed  and  sworn  to  before  a  notary  public,  justice  of  the  peac**,  or  otlier  ollicer 
authorized  to  administer  oaths. 

Sec.  .'».  .\n.\'  person  who  ^liall  falsely  or  fniiidnleuily  make  such  aHiil.ivii.  or 
V  iio  sh.-ill  falsely  or  frauijulent ly  pnicure  jule  ba^s  under  ihe  pinvisions  of  iliis  act. 
shall  be  guiliy  of  a  misdemeanor,  and  on  c(ui\iciion  thei-eof  shall  be  lined  imi  jess 
than  two  linndred  dollars. 

Sec.  I.  'I'lie  iiiiard  of  prison  rjirectors  shall  keep  at  the  San  t^>ueiilin  prison  a 
lifiok  for  public  iiis|K-cti<in.  in  which  shall  ite  eniiied  the  number  of  jute  i)ags.  the 
iimount  of  jule  :.'oo<ls  manufactured  each  year,  and  iilso  the  mime  of  each  piinliaHer. 


68  LEGISLATIVE   MANUAL   AND   P^ORM    BOOK. 

his  post  office  address,  bis  occupation,  number  of  jute  bass  or  jiite  goods  purchased 
by  hira.  and  the  jn'ice  paid  by  him  therefor  and  the  date  of  sale  and  the  place  to 
which  shipment  is  made. 

Sec.  .").  An  Act  entitled  "An  act  fixins  the  iiricp,  tiM'ins  and  conditions  of  sale 
at  which  jute  goods  shall  be  sold  by  the  state,  and  providing  for  prosecution  and 
punishment  for  offense  under  the  same  ;"  approved  June  Ki.  ]!)13,  and  all  other  acts 
and  parls  of  acts  in  conflict  with  this  act  are  herel)y  rciic^iled. 

Sec.  0.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  meaning 
of  section  one  of  article  four  of  the  constitution  of  the  State  of  California  and  shall 
take  effect  immediately.  The  following  is  a  statement  of  facts  constituting  such 
urgency:  Since  the  fixing  of  the  present  price  of  jute  goods  manufactured  in  the 
Slate  prison,  the  market  price  has  fallen  on  account  of  financial  conditions  incident 
to  the  European  war,  and  the  state  has  been,  now  is,  and,  until  the  taking  effect 
of  this  act,  will  be  able  so  to  change  the  price  of  said  goods  as  to  be  able  to  sell  or 
dispose  of  any  portion  thereof.  The  state  now  has  in  stock  over  two  hundred  fifty 
thousand  dollars  worth  of  such  jute  goods,  which  it  is  the  purpose  and  effect  of 
this  act  to  enable  the  state,  acting  through  its  board  of  prison  directors,  to  sell,  in 
order  that  the  moneys  now  invested  in  said  goods  may  be  rendered  available  for  the 
use  and  support  of  the  state  prison. 

EXPLANATORY  NOTE. 

'Or  Assembly. 
-Or  Mr. 

PAKT  IV.     DRAFTINC^   OF  CONSTITUTIONAL  AMENDMENTS 
AND  JOINT  AND  CONCURRENT  RESOLUTIONS. 

N.  B. — For  constitutional  provisions  regarding  the  adoption  of  constitutional 
amendments,  see  sec.  106,  ante.  For  provisions  regarding  preparation  of  arguments 
for  and  against  amendments  adopted  by  the  Legislature,  see  sec.   442J,  post. 

SEC.    158. 

COIMSTITUTIONAL     AMENDMENTS,     AND     JOINT     AND     CONCURRENT 
RESOLUTIONS,    HOW     DISTINGUISHED     FROM     BILLS. 

Joint  resolutions  shall  be  treated  in  all  respects  as  Ijills;  except  that 
all  joint  resolutions  shall  be  read  but  one  time  in  each  house.  Joint 
and  concurrent  resolutions  and  constitutional  amendments  shall  not 
be  deemed  bills  within  the  meaning  of  section  2  of  article  IV  of  the 
Constitution  and  shall  not  be  referred  to  the  committee  on  inti'oduction 
of  bills,  and  shall  not  require  a  vote  to  authorize  their  introduction. 
{Joint  Bule  No.  7.) 

SEC.    159. 

JOINT    AND    CONCURRENT    RESOLUTIONS    DISTINGUISHED. 

Joint  resolutions  are  those  vidiich  relate  to  matters  connected  with  the 
federal  government.  All  other  resolutions  relating  to  matters  to  be 
treated  by  both  houses  of  the  Legislature  are  concurrent  resolutions. 
(Joint  Rule  No.  6.) 

SEC.    160.  ' 

FORM    FOR  CONSTITUTIONAL  AMENDMENT. 

SENATE^  CONSTITUTIONAL    AilEND.MENT  No 

OFFERED    BY    SENATORS   

,  19 

Referred  to  Committee  on 

SENATE^^  CONSTITUTIONAL  AMENDMENT   No 

RESOLrTION    TO   rROPCSE   TO   THE   PEOPLE   OF   THE    STATE   OF   CALIFORNIA   AN    AMEND- 

ME.NT  TO  Section  One.  of  Article  Six,  of  tiik  Constitution  of  the  State 
OF  California  in  Relation  to  the  Judicial  Power  of  the  State. 
The  legislature  of  the  State  of  Califoi'nia,  at  its  regular  session  commencing  on  the 
day  of  January.  lU two-thirds  of  the  members  elected  to  each  of  the 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  69 

two  houses  of  the  said  h'sishiture  voliuii  in  favor  thereof,  hereby  proposes  that 
i-ection  1  of  article  six  of  the  constitution  of  the  State  of  California  be  amended  to 
read  as  follo\\  s  : 

Section  1.  The  judicial  power  of  the  state  shall  be  vested  in  the  Senate,  sitting 
as  a  court  of  impeachment,  in  a  supreme  court,  district  courts  of  appeal,  state  com- 
merce court,  superior  courts,  justices  of  the  peace,  and  such  inferior  courts  as  the 
legislature  may  establish  in  any  incorporated  city  or  town,  or  city  and  county. 

EXPLANATORY  NOTE. 

;;0r  Mr. 

"Or  Assembly. 


SEC.   161. 

FORM    FOR  JOi.NT   RESOLUTION. 

SENATE'  JOINT  RESOLrTION  No 

OFFERED    BY   SENATOR- 

,  19 

Referred  to  Committee  on 

SENATE^  JOINT  RESOLUTION  No 

Kei,ati\k  to  the  Continu.\tion  by  the  United  States  of  Surveys  for  the 
Construction  of  Storage  Reservoirs  for  the  Impounding  of  Flood  Waters 
IN  THE  Sierra  Nevada  Mountains  in  the  State  of  California,  and  Askino 
That  an  Appropriation  Be  Made  for  Forwarding  the  Work  as  Speedily 

as   I'OSSIKLE. 

Whereas,  The  United  States  government  has  for  several  years  past  been  securing 
data  through  geological  survey  and  the  reclamation  service  concerning  the  water- 
sheds of  the  west  slope  of  the  Sierra  Nevada  mountains  and  the  construction  of 
storage  reservoirs  for  the  conservation  of  fiecd  waters  in  the  winter  and  spring,  and 

Whereas,  The  Sacramento  and  San  Joaquin  valleys,  of  which  these  watersheds 
form  the  eastern  rim.  constitute  a  large  body  of  the  most  fertile  land  to  be  found 
in  any  country,  rivaling  the  far-famed  valley  of  the  Nile  in  productiveness  and 
capable  of  supporting  a  population  of  several  millions  when  properly  reclaimed  and 
f^'ttled.  and 

Whereas.  In  times  of  heavy  snowfall  and  rainfall,  the  volume  of  water  coming 
down  into  the  valleys  is  a  continual  menace  to  the  rich  lands  adjacent  to  the  Sac- 
ramento and  San  Joatpiin  river.s,  thousands  of  acres  of  which  are  flooded  in 
years  of  heavy  rainfall,  and 

Whereas.  In  the  report  of  the  reclamation  service  for  the  year  1907  the  state- 
ment is  made  that  if  storage  reservoirs  were  constructed  at  the  sites  surveyed,  it 
would  greatly  simi)lify  the  drainage  problems  of  the  Sacramento  and  San  Joaquin 
rivers  and  the  lower  Sacramento  valley  by  reducing  the  flood  flow  in  the  rivers,  and 

Whereas.  The  flood  waters  so  impounded  v^ould  be  of  the  greatest  value  to  (he 
Sacramento  and  San  Joatjuin  valleys,  and  the  State  of  California  by  being  used 
for  irrigation  instead  of  being  allowed  to  flow  to  the  ocean,  often  doing  incalculable 
damage  to  the  valleys.  S<J(),<I<1<»  acres  of  the  low-lands  of  which  having  been  flooded 
in   1IM)4:   therefore  be  it 

/{fnolrcil  },,)  the  .senate  aiiif  the  ustttemhly  joiiitli/.  That  the  legislature  of  the 
State  of  California,  memorializes  the  congress  of  the  United  States  for  the  continu- 
ation of  said  work  of  surveying  and  cruistructing  such  storage  reservoirs  in  the 
v.atersheds  of  the  western  shqx-  of  said  Sierra  \evad:i  mountains  on  the  tributaries 
of  the  Feather.  Vuba  and  .\merican  rivers  and  other  tributaries  of  the  Sacramento 
and  San  Joacpiin  rivers,  carry  out  all  UK^asures  n<'cessary  for  siuh  work  and 
making  an  ajipropriation  of  suflicient  size  to  forward  it  as  the  more  speedily  solved; 
and  be  it  further 

lienolicd,  'J'hat  the  secretary  of  the  interior  be  requested  to  take  the  necessary 
pleasures  for  hastening  the  survey  ami  construction  of  su<'h  reservoirs,  in  order  to 
impounfl  such  flood  waters  and  enable  the  problem  of  improvement  and  ri'straini  of 
the  Sacramento  and  San  Joa(piin  rivers  to  be  more  speedily  stdved ;  and  be  it 
further 

Ifenolred.  'J'hat  the  senators  and  repi'esenlatives  in  congress  fiom  the  State  of 
California  be  re(|uested  to  use  all  honorable  means  to  secure  the  action  desired  in  this 
matter  for  the  purixise  aforesaid:  .nnd  be  it   further 

Ui'MiiIrt tl.  'J'liat  a  <-opy  of  thes<-  rescdutions  be  forwarded  to  the  president  of  the 
T'nited  Stales,  the  secretary  of  the  inli-rior.  (he  seeieiary  of  agrieulhire,  the  respec- 
tive houses  in  congress  and  to  each  of  the  senators  and  represeiilalivcs  in  cr)imress 
from   the   Slate   of  ( "aliffjriiin.    including    these   lo   assume   olljee   on    .Man-h   4,    19i:{. 

E.XPLA.VATOKV    .NOTK, 

'Or  Assembly. 
=Or  .Mr. 


70  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    162. 

FORM     FOR    CONCURRENT    RESOLUTION. 

SENATE^  CONCURRENT  RESOLUTION  No 

OFFERED  BY  SENATOR- ---- 

,  19 

SENATE'   CONCURRENT   RESOLUTION   No.   

Relative  to  Inaugural  Ceremonies. 
Rcsohccl  hi/  the  ficnatc,  the  asi^cmlhj  concurriiifj.  That  a  committee  of  three 
members  of  the  senate  be  appointed  to  confer  with  a  committee  of  four  members  of 
the  assembly  to  make  arrauscments  for  the  inaugural  ceremonies,  said  committee  to 
he  appointed  bv  the  president  of  the  senate  and  the  speaker  of  the  assembly,  respec- 
tively, and  to  liave  full  )>ower  to  act  in  the  premises ;  any  expense  to  be  paid  equally 
by  tiie  senate  and  assembly  out  of  the  several  contingent  funds,  and  not  to  exceed  in 
tiie  ajrirrcsate.  the  sum  of  five  hundred  dollars. 

EXPLANATORY  NOTE. 

'Or  Assembly. 
=0r  Mr. 

PART  Y.     INTRODUCTION   OF    BILLS. 

(Under  prescribed  rules  adopted  by  Senate  or  Assembly  or  jointly.) 

SEC.    163. 

USE    OF    WORD    "BILL." 

Whenever  the  word  ''hill"  is  used  in  these  rules  it  shall  include 
constitutional  amendments,  joint  and  concurrent  resolutions.  {Joint 
Eule  No.  34.) 


SEC.    164. 

ENDORSEMENT    OF    BILLS. 

Bills  introduced  in  either  house  shall  be  endorsed  with  the  date  of 
introduction.     (Joint  Eulc  Xo.  29.) 


SEC.    165. 

JOINT    RESOLUTIONS  TREATED   AS    BILLS. 

Joint  resolutions  shall  be  treated  in  all  respects  as  bills ;  except  that 
all  joint  resolutions  shall  be  read  but  one  time  in  each  house.  Joint  and 
concurrent  resolutions  and  constitutional  amendments  shall  not  be 
deemed  bills  within  the  meaning  of  section  2  of  article  IV  of  the  consti- 
tution and  shall  not  be  referred  to  the  committee  on  introduction  of  bills, 
and  shall  not  require  a  vote  to  authorize  their  introduction.  (Joint  Rule 
No.  7.) 


SEC.    166. 

INTRODUCING    A    BILL. 

Any  member  desiring  to  introduce  a  bill  shall  rise  in  his  place  and 
address  the  presiding  officer,  and  upon  being  recognized  shall  present 
the  same.  The  title  shall  be  announced  by  the  Secretary  (or  Chief 
Clerk),  the  bill  shall  be  read  the  first  time  and  thereupon  referred  by 
the  presiding  officer  to  a  standing  committee.  (Senate  Rule  No.  28. 
Assembly  Rule  No.  7.) 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  71 

SEC.    167. 

INTRODUCTION    OF    BILLS    BY    COMMITTEE. 

Any  committee  may  introduce  a  bill  appertaining  to  any  subject 
coming  within  its  consideration,  whereupon  it  shall  be  read  the  tirst 
time  and  placed  upon  the  proper  second-reading  file.  When  such  bill  is 
designed  to  be  a  substitute  for  one  or  more  Assembly  bills,  the  bills  for 
which  it  is  such  a  substitute  shall,  by  a  majority  vote  of  the  House,  be 
deemed  withdrawn,  and  shall  not  appear  upon  the  file.  Upon  the  intro- 
duction of  a  bill  by  a  committee,  it  shall  be  numbered  as  a  new  bill,  read, 
ordered  printed,  and  placed  upon  the  Assembly  file  for  further  action. 
(Assembly  Eulc  Xo.  8.) 

SEC    168. 

INTRODUCTION    OF    BILLS    AFTER    CONSTITUTIONAL    RECESS. 

Immediately  upon  convening  after  the  constitutional  recess  the 
presiding  officer  shall  appoint  a  standing  Committee  on  Introduction 
of  Bills,  to  consist  of  three  members. 

All  motions  for  leave  to  introduce  bills  after  the  constitutional  recess 
shall  be  sent  to  the  desk  in  writing,  under  the  order  of  ' '  Introduction  of 
Bills. ' '  and  at  no  other  time.  The  motion  shall  give  the  title  of  the  bill, 
and  shall  be  accompanied  by  the  bill.  The  bill  shall  thereupon  be 
referred  to  the  Committee  on  Introduction  of  Bills. 

Joint  and  Concurrent  Resolutions  and  Constitutional  Amendments 
shall  not  be  referred  to  the  Committee  on  Introduction  of  Bills,  and  shall 
not  require  a  vote  to  authorize  their  introduction. 

The  committee  shall  examine  bills  referred  to  it  with  particular 
reference  to  the  question  as  to  whether  there  is  alreadj^  any  bill  in  either 
house  of  the  same  character  which  might  be  amended  to  effect  the  result 
sought,  and  generally  as  to  the  advisability  of  introducing  the  measure. 

The  committee  shall  report  upon  each  bill  so  referred  to  it  on  the  same 
legislative  day.  The  report  shall  be  made  at  the  conclusion  of  the  con- 
sideration of  the  Special  File. 

The  committee  may,  in  its  discretion,  incorporate  more  than  one  bill 
in  the  resolution  to  gi-ant  leave  to  introduce,  incorporating  in  the 
resolution  the  title  of  each  1)ill  in  full,  and  the  roll  shall  be  called  upon 
the  adoption  of  the  resolution  and  no  resolution  to  introduce  any  sucli 
bill  shall  be  adopted  without  the  consent  of  three-fourths  of  the  members 
of  the  Assembly. 

If  a  division  of  the  question  is  demanded  upon  the  introduction  of  any 
pai'ticulai"  bill,  the  division  shall  l)e  allowed,  and  the  i"oll  calU'il  scpa- 
latejy  upon  the  bill.  The  author  of  any  bill  shall  iiavc  not  morf  than 
ten  minutes  witliin  which  to  sfx'ak  to  the  question  of  the  introduction  of 
his  bill  and  the  Coiniiiittee  on  Introduction  of  Bills  may  have  the  same 
time  for  reply.      (Assrinhhf  L'liJr  Xd.  75.     Scuah   h'ulc  Xo.  "IS.) 


72  LEGISLATIVE    MANUAL   AND   FORM   BOOK. 

SEC.    169. 

JOINT    AND    CONCURRENT    RESOLUTIONS    AND    CONSTITUTIONAL 

AMENDMENTS. 

Joint  and  concurrent  resolutions  shall  be  treated  the  same  as  bills: 
provided,  that  they  shall  be  read  but  once,  and  that  after  they  have  been 
reported  by  a  committee;  and  provided,  further,  that  the  ayes  and  noes 
shall  not  l)e  called  upon  the  adoption  of  concurrent  resolution,  unless 
regularly  demanded,  or  required  by  statute  or  the  constitution.  Pro- 
posed amendments  to  the  constitution  shall  be  treated  the  same  as  bills ; 
provided,  they  shall  be  read  but  once,  and  only  after  they  have  been 
reported  by  a  committee.    (Assembly  Rule  No.  10.    Senate  Rule  Xo.  28.) 


SEC.  170. 

PETITIONS  TO  BE  PRESENTED  WITH  A  BRIEF  STATEMENT 

OF  CONTENTS. 

"Whenever  petitions,  memorials,  or  other  papers  addressed  to  the 
House  are  presented  by  a  member,  a  brief  statement  of  the  contents 
thereof  shall  be  made  verbally  by  the  introducer.  They  shall  not  be 
debated  on  the  day  of  their  being  presented,  but  shall  lie  on  the  table^ 
or  be  referred,  as  the  liouse  shall  determine.      (Assemhhj  Rule  Xo.  6.) 


SEC.    171. 

(Form.) 

INTRODUCTION    AND    FIRST    READING    OF    BILLS,    ETC. 

The  following  Inlls  were  introduced : 

By  Senator^'- Bill  No. 

An  Act,  etc. 

Bill  read  first  time,  ordered  to  print,  and  referred  to   Committee 

on 

The  following  resolutions  were  oiifered: 

By  Senator^ -- S.-  J.  R.  No. 

A  Re.solntion.  etc. 

Resolution  ordered  to  print  and  referred  to  Committee  on 

By  Senator^ S.-  C.  R.  No. 

A  Resolution,  etc. 

Resolution  ordered  to  print  and  referred  to  Committee  on 

By  Senator' S.-  C.  A.  No. 

A  Repolntion,  etc. 

Constitutional  Amendment  ordered  to  print  and  referred  to  Com- 
mittee on 

EXPLANATORY    NOTE. 

'Or  Mr. 

=0r  Assembly. 


SEC.    172.  ,^ 

(Form.) 

INTRODUCTION     OF     CONCURRENT'    RESOLUTION.^ 
The    following    concurrent^    resolution-    was    offered    by    Senator' 


EXPLANATORY    NOTE. 

'Or  Joint. 

-Or  Constitutional  Amendment. 

=0r  Mr. 


LEGISLATIXE    MANUAL   AND   FORM    BOOK.  73 


SEC.    173. 


(Form.) 

REQUEST    FOR     INTRODUCTION     OF     BILL 
(After  Constitutional    Recess.) 

Senator^   requested  permission   to   introduce   a 

Senate-  Bill  entitled : 
An  Act.  etc. 
Request  referred  to  Committee  on  Introduction  of  Bills. 

EXPLANATORY  NOTE. 

'Or  Mr. 

-Or  Assembly. 


SEC.    174. 

(Form.) 

REPORT  OF  STANDING  (COMMITTEE. 

The  follo\vin<i-  report  of  standing  committee  was  received  and  read: 

ox     IXTRODUCTIOX    OF    BILLS. 

Senate'  Ciiamiiek.  Sacramento.  Maroii  is.  I'.ti.'. 
Mr    1'resioent  •   Yoiu-  Committee  on  IntrodiKtion  of  Bills,  to  which  was  referred 

the*  request  of  Senator to  intrwliico  a  bill  entitled:  "An  Act.  etc.: 

Also-  The  reiiuest  of  Senator to  introduce  a  bill  entitled:  'An  Act.  etc. :  _ 

\lso-  The  re(iuest  of  Senator to  Introduce  a  bill  entitled:  "An  Act,  etc. :__ 

\lso-  The  request  of  Senator to  introduce  a  bill  entitled:  "An  .\ct.  etc. ; 

Has  had  the  same  under  consideration,  and  respectful l.y  reports  the  same  back  and 
recommends  that  each  of  such  requests  be  .^ranted.  . 

Chairman. 

The  question  being  on  the  adoption  of  the  report. 

The  roll  was  called,  in  accordance  with  the  provisions  of  section  two 
of  article  IV  of  the  Constitution,  and  the  report  adopted  by  the  fol- 
lowing vote : 

^^YES Senators^ (Ue<iuires   at   bsist    tliirty   voles   in   ihe 

Senate  and  sixty  votes  in  the  A.ssembly.) 
Noes — Senators' 

INTRODUCTION    AND    FIRST    READING    OF    BILLS. 

The  following  bills  were  introduced  in  accordance  with  above  rei)ort : 

By  Senator- :  Senate  Bill  No —"An  Act.  etc." 

'Or  Assembly. 
=Or  ^Ir. 

'Or  Messrs. 


SEC.   175.  _  , 

(Form.) 

WITHDRAWAL    OF     BILL. 

Senator'    asked,   and  was  granted,   unanimous 

consent  to  withdraw Bill  No. 

Bill  No ordered  withdrawn  and  .stricken  trom 

the  file. 

F;xrT.AN-»Tf)riY  .vote. 
'Or  Mr. 


74  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

CHAPTER  IV. 

COMMITTEES. 

Chapter  Contents. 
Part  I.     Appointment  and  Organization. 
Sec.  17G.  Appointment  of  standing  committees  of  Legislature.      (Political  Code.) 
Sec.  177.  Appointment  of  committees.      (Assembly  rule.) 
Sec.  178.   Standing  committees.      (Joint  rule.) 

Sec.  179.  Additional    standing   committees.      (Senate    rule;    Assembly    rule.) 
Sec.  180.  Appointment  of  special  committee.      (Form.) 

Part    II.     Reference    of    Bills    to    Committees. 
Sec.  ISl.  Bills  referx-ed.  bow.      (Senate  rule;  Assembly  rule.) 
Sec.  182.  Referred  otherwise,  how.      (Assembly  rule;  senate  rule.) 
Sec.  183.  Order  of  questions  on  motion  to  refer.      (Assembly  rule;   Senate  rule.) 
Sec.  184.  Appropriation   bills.      (A.ssembly   rule;    Senate   rule.) 
Sec.  18.5.  Certain    bills    always    introduced   by    or    referred    to    committee    on    ways 

and   means.      (Assembly    rule.) 
Sec.  186.  Contingent  expenses  of  the  Senate.      (Senate  rule.) 

Sec.  187.  Executive  communication  and  nominations  to  committee.      (Senate  rule.) 
Sec.  18S.   Introduction   and   first    reading   of   bills,   etc.      (Form.) 
Sec.  189.  Motion  to  re-refer.      (Form.) 
Sec.  190.  Motion  to  re-commit.      (Form.) 
Sec.  191.  Motion  to  refer.      (Form.) 

Part  III.     The  Committee  of  the  Whole. 
Sec.  192.  Proceedings   touching  appropriations   of  money   to  be   considered   in  com- 
mittee of  the  w'hole.      (Assembly  rule.) 
Sec.  193.  Committee   of  the  whole — How   formed.      (Assembly   rule.) 
Sec.  194.  Rules  in   committee   of  the  whole.      (Assembly   rule;    Senate   rule.) 
Sec.  19.3.  Motion   to   rise   decided   without   debate.      (Assembly   rule.) 

Part    IV.     General   Provisions    Governing    Committees. 

Sec.  196.  Standing  committee,   quorum   of — What   constitutes.      (Senate   rule.) 

Sec.  197.  When    committees    shall    report.      (Senate    rule;    Assembly    rule.) 

Sec.  198.  Committee   amendments — How   made.      (Senate   rule.) 

Sec.  199.  Re-drafting  of  bills.      (Senate  rule.) 

Sec.  200.  Introduction   of   bills   by   committee.      (Assembly    rale.) 

Sec.  201.  Joint  meeting  of  committees.      (Joint  rule.) 

Sec.  202.  Notice   of  committee   meetings.      (Assembly   rule.) 

Sec.  203.  Leaves  of  absence  of  members  of  the  Senate  visiting  public  institutions. 

(Senate  rule;  Assembly  rule.) 

Sec.  204.  Who  may  administer  oaths  to  witnesses.      (Political  Code.) 

Sec.  20.5.  Fees    for    witnesses.      (Assembly    rule.) 

Sec.  206.  Report   of   standing   committee.  (Form.) 

Sec.  207.  Report  of  special  committee.      (Form.) 

Part  V.     Provisions  Governing  Individual  Committees. 
Sec.  208.  Duties   of  judiciary   committee.      (Political   Code.) 
Sec.  209.  Committees    other    than    judiciary    reporting    favorably    on    bill — Effect. 

(Political  Code.) 
Sec.  210.  Committee  on  i-evision  and  printing.      (Joint  rule.) 
Sec.  211.  Reports  of  committee  on  revision.      (.Joint  rule.) 
Sec.  212.  Committee   on   contested   elections.      (Assembly   rule.) 
Sec.  213.  Committee  on  ways  and  means.      (A-ssembly  rule.) 
Sec.  214.  Enrolled  bills  to   receive  signatures  of  proper  officers.      ("Joint  rule.) 


LEGISLATIVE   MANUAL   AND   FORM    BOOK.  75 

Sec.  21.J.  Enrolling  committee   to   compare.      (Joint    rule.) 

Sec.  216.  President   and    Speaker   to   sign   bilLs.      (.Joint    rule.) 

Sec.  217.  Enrolling  committee  to  present  bills  to  Governor.      (Joint   rule.) 

Sec.  218.  Provision    for   engrossment.      (Assembly    rule.") 

Sec.  219.  Order  of  engrossing  and  enrolling  bills.     (Senate  rule.) 

Sec.  220.  Engrossed  bills  to  be  examined  and  reported.      (Senate  rule.) 

Sec.  221.  Order  of  engrossing  and  enrolling  bills.      (Assembly   rule.) 

Sec.  222.  Report   of   committee.      (On   engrossment   and   enrollment.)      (Form.) 

PART  I.  APPOINTMENT  AND  ORGANIZATION. 

SEC.   176. 

APPOINTMENT   OF   STANDING    COMMITTEES   OF    LEGISLATURE. 

All  standiug  committees  of  the  Senate  and  Assemblj'  shall  be  ap- 
pointed by  the  presiding  officer  of  the  respective  Houses ;  provided,  that 
each  Hon.se  may  by  resolution,  or  the  rules  thereof,  direct  otherwise. 
(Political  Code]  see.  248.) 


SEC.    177. 

APPOINTMENT    OF    COMMITTEES. 

All  committees  shall  be  appointed  by  the  presiding  officer,  unless 
otherwise  ordered,  and  the  first  named  shall  be  the  chairman  thereof. 
(Senate  Rule  No.  7.     AssonNij  Bide  Xo.  28.) 


SEC.    178. 

STANDING    COMMITTEES. 

Subject  to  the  right  of  either  house  to  appoint  additional  committees, 
the  following  standing  committees  shall  be  appointed  in  the  Senate  and 
Assembly,  the  number  of  members  and  the  manner  of  selection  to  be 
determined  by  the  rules  of  each  house : 

(1)  Agriculture. 

(2)  Banking. 

(3)  Commerce  and  Navigation. 

(4)  Corporations. 

(5)  County  Government. 

(6)  Drainage,  Swamp  and  Overflowed  Lands. 

(7)  Education. 

(8)  Elections. 

(9)  Federal  Relations. 

(10)  Finance  in  the  Senate  and  Wav.s  and  .Means  in  llie  Assembly. 

(11)  Fish  and  Game. 

(12)  Hospitals  and  Asylums. 

(13)  Insurance. 

(14)  Irrigation. 

(15)  Judiciary. 

(16)  Labor  and  Capital. 

(17)  Military  A  flairs. 

(18)  Mines  and  .Mining. 

(19)  Municii)al  ("orpftiiilions. 

(20)  Oil  Indu.stri<-s. 


76  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

(21)  Prisons  and  Reformatories. 

(22)  Public  Health  and  Quarantine. 

(23)  Public  Morals. 

(24)  Public  Utilities. 

(25)  Revenue  and  Taxation. 
(26"!   Roads  and  Highways. 
(27)   Rules. 

JOINT    COMMITTEES. 

Joint  Standing,'  Committees  of  Senate  and  Asseml)l\-  shall  be  appointed 
as  follows : 

(1)  Committee  on  Revision  and  Printing,  to  consist  of  three   (3) 
members  from  the  Senate  and  five  (5)  from  the  Assembly. 

(2)  Committee  on  Joint  Rules,  to  consist  of  the  members  of  the 
Rules  Committee  of  each  house.      (Joint  Rule  No.  2.) 


SEC.    179. 

ADDITIONAL    STANDING    COMMITTEES. 

In  addition  to  the  foregoing  there  are  maintained  in  each  House  com- 
mittees on  (1)  Civil  Service,  (2)  Contingent  Expenses  and  (3)  Engross- 
ment and  Enrollment.  Over  and  above  this  number,  the  Assembly  has 
sixteen  committees  which  are  not  found  in  the  Senate.  For  the  most  part 
these  additional  committees  divide  with  the  other  Assembly  committees 
the  scope  of  the  Senate  Committees  bearing  respectively  the  same  names 
as  the  latter.  The  list  of  additional  committees  in  the  Assembly  is  as  fol- 
lows (1)  Attaches,  (2)  Building  and  Loan  Associations,  (3)  Claims, 
(4)  Conservation,  (5)  Constitutional  Amendments,  (6)  Contested  Elec- 
tions, (7)  Direct  Legislation,  (8)  Libraries.  (9)  Live  Stock  and  Dairies, 
(10)  Manufactures,  (11)  Medical  and  Dental  Laws,  (12)  Mileage,  (13) 
Normal  Schools,  (14)  Public  Charities  and  Corrections,  (15)  Revision 
of  Criminal  Procedure,  (16)  State  Grounds  and  Parks  and  (17)  Univer- 
sities.    {Senate  Rule  No.  8.     Asseinhhj  Rule  No.  27.) 


SEC.    180. 

I  Form. ) 

APPOINTMENT    OF    SPECIAL    COMMITTEE. 
(On  Joint  Rules) 

The  President^  announced,  in  accordance  with  the  above  resolution, 

the  appointment  of  Senators- , , 

and as  a  Senate  Special  Committee  on  Joint  Rules. 

EXPLANATORY   NOTE. 

'Or  otlipr  presiding  officer. 
"Or  Messrs. 


LEGISLATIVE    ilAXUAL    AND    FORM    BOOK.  77 

PART  II.    REFERENCE  OF  BILLS  TO  COMMITTEES. 

'SEC     181 

BILLS    REFERRED,    HOW. 

At  the  time  of  introduction,  eaeli  bill  shall  be  referred  to  a  standing 
committee  by  the  presiding  officer.  (Senate  Rule  No.  28.  Assembly 
Bide  Xo.  1.) 


SEC.    182. 

REFERRED    OTHERWISE,     HOW. 

Xo  debate  shall  be  allowed  on  any  motion  to  refer  a  bill  or  resolution 
to  a  committee.  The  Speaker  shall  first  indicate  to  what  committee  a 
bill  or  resolution  ought  to  be  referred,  and  it  shall  be  so  referred,  unless 
upon  a  motion,  without  debate,  the  House  by  a  majority  vote  refer  it  to 
some  other  committee.      {Assembhj  h'uh   Xn.  12.     Senate  Iiuh  Xo.  42.) 


SEC.  183. 

ORDER  OF  QUESTIONS  ON  MOTION  TO  REFER.  • 

When  a  resolution  shall  be  ottered,  or  a  motion  made  to  refer  any  sul)- 
ject,  and  a  different  committee  shall  be  proposed,  the  question  shall  he 
taken  in  the  following  order : 

1.  The  Committee  of  the  AVhole. 

2.  A  Standing  Committee. 

3.  A   Select   Cojmnittee.      (Assembly   Bute    Xn,    3(i.     >i<  nnh    Uuh 

Xo.  42.) 


SEC.    184. 

APPROPRIATION     BILLS. 

In  the  Senate  all  appropriation  bills  must  be  referred  to  the  Com- 
mittee on  P'inance  and  in  the  Assemlily  to  the  Committee  on  Ways  and 
:\Ieans  before  being  read  a  second  time.  (Senate  Bulc  Xo.  32.  Assembly 
Rule  Xo.  30.) 

In  the  Assembly  all  appropriation  bills  nuist  be  considered  in  tlie 
Committee  of  the"  Whole  whih'  on   secoiul  reading.      (Assembly  Bulc 

Xo.    11.) 


SEC.    185. 

CERTAIN    BILLS    ALWAYS    INTRODUCED    BY    OR    REFERRED    TO 
COMMITTEE  ON    WAYS   AND   MEANS. 

All  bills  lo  ap|»ro|)riate  money  for  llif  contingcnl  c.xpen.si-s  of  tlie  State 
shall  be  pres<'nt«-d  l)y  the  Committcf  on  Ways  and  Means.  (Assimbly 
Rule  Xo.  1.)  ' 

Concnrrent  resohilions  Un-  adjonrnmeiil  shn  dn  .shall  in  all  ea.ses. 
whether  originating  in  the  Hou.se  or  eominii  Iroiii  the  Senate,  be  re- 
ferred to  the  Coimnittee  on  Ways  and  .Mejins.  That  eommiltee  shall 
report  upon  any  sneh  eoneiin-eiit  resolntioii  not  later  than  the  next 
legislative  <liiy.  iind  with  regar<!  fi>  Ihe  .status  <.r  the  geiier.d  appropria- 
tion bill  and  tax  h-vy.      (A.ssiuibly  Buh   .V".  43.) 


78  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    186. 

CONTINGENT  EXPENSES  OF  THE  SENATE. 

No  claim  shall  be  paid  out  of  the  contingent  fund  of  the  Senate  until 
the  same  shall  have  been  referred  to  and  reported  on  by  the  Committee 
on  ('ontiii'jciit  Exi^cnses.     (Srnatr  Rule  No.  37.) 

SEC.    187. 

EXECUTIVE    COMMUNICATIONS    AND    NOMINATIONS    TO    COMMITTEE. 

AVhen  executive  communications  or  nominations  shall  be  sent  by  the 
Governor  to  the  Senate  for  their  confirmation,  the  same  shall  be  referred 
to  the  Committee  on  Rules,  unless  otherwise  ordered  by  the  Senate,  which 
motion  shall  be  determined  without  debate.     {Senate  Bide  No.  38.) 


SEC.    188. 

(Form.) 

INTRODUCTION    AND    FIRST    READING    OF    BILLS,    ETC. 

The  following  bills  were  introduced : 

By  Senator^ , Bill  No. 

An  Act,  etc. 

Bill  read  first  time,  ordered  to  print,  and  referred  to  Committee  on 


The  following  resolutions  were  offered  : 

By  Senator^ S.-  J.  R.  No 

A  resolution,  etc. 

Resolution  ordered  to  print,  and  referred  to  Committee  on 

By  Senator^ ___.  S.-  C.  R.  No 

A  resolution,  etc. 

Resolution  ordered  to  print,  and  referred  to  Committee  on 

By  Senator^ S.-  C.  A.  No. 

A  resolution,  etc. 

Constitutional  amendment  ordered  to  print,  and  referred  to  Com- 
mittee on 

EXPLAXATORV  NOTE. 

;;0r  Mr. 

"Or  Assembly. 


SEC.   189. 

(Form.) 

MOTION   TO    RE-REFER. 

Senator^ moved  that Bill  No 

be  recalled  from  the  Committee  on to  which  it 

was  previously  referred,  and  re-referred  to  the  Committee  on 


]\Iotion  carried  and  such  wa.s  the  order. 

EXPLANATORY   NOTE. 

■Or  Mr. 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  l\) 

SEC.    190. 

(Form.) 

MOTION   TO    RE-COMMIT. 

Senator moved  that Bill  Xo 

be  re-eommitted  to  the  Committee  on to  retain  its 

place  on  file. 

]\[otion  carried  and  such  Avas  the  order. 

SEC.    191. 

(Form.) 

MOTION    TO     REFER. 

Senator^ moved  to  refer  the  resolution  to  Com- 
mittee on , 

^lotion  carried  and  such  was  the  order. 

EXPLAXATORY  XOTE. 

^Or  Mr. 


PART  III.    THE  COMMITTEE  OF  THE  WHOLE. 

SEC.    192. 

PROCEEDINGS  TOUCHING   APPROPRIATIONS   OF    MONEY  TO    BE   CON- 
SIDERED IN  COMMITTEE  OF  THE  WHOLE. 

All  bills  making  appropriations  of  money  shall  be  considered  in  a 
Committee  of  the  "Whole  House  while  on  second  reading,  and  no  adciition 
to  any  appropriation  shall  be  made  out  of  Connnittee  of  the  Whole. 
i Assembly  Rule  Xo.  11.) 

SEC.    193. 

COMMITTEE  OF  THE  WHOLE— HOW   FORMED. 

In  forming  a  Committee  of  the  AVhole  House,  the  Speaker  as  chairman 
or  a  chairman  to  be  named  by  the  Speaker,  shall  preside.  Bills  com- 
mitted to  a  Committee  of  the  Whole  House  shall,  in  Committee  of  the 
Whole,  be  read  by  sections.  All  amendments  shall  be  noted  and  reported 
to  the  Assembly  by  the  chairman.  After  being  reported  to  the  Assem- 
bly, the  bill  shall  again  be  subject  to  amendment  before  a  vote  on  the 
i-cport  is  taken.    ( Assembly  Rule  Xo.  88.) 


SEC.    194. 

RULES     IN     COMMITTEE     OF    THE     WHOLE. 

The  rules  of  each  hou.se  shall  be  (ibserved  in  the  (Committee  of  the 
Whole  so  far  as  they  may  ])e  applieal)le.  except  in  tlie  matter  of  limilinfi 
the  number  of  times  that  a  member  may  s[)eak.  and  except  that  the 
ayes  and  tm>..<  m""'!  not  b<'  t;iki-n.  ( A ><.■<(  mhl n  Hith  Xn.  :U.  Siiiafi  Rule 
Xo.  59.) 


SEC.    195. 

MOTION    TO     RISE     DECIDED    WITHOUT     DEBATE. 

A  motion  that  the  committee  rise  sliall  always  1m-  in  oi-(l«f.  ami  shall 
he  deeided  without  debate.    (Assonbhf  h'uh  Xo.  85.1 


80  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

PART  IV.  GENERAL  PROVISIONS  GOVERNING  COMMITTEES. 

SEC.    196. 

STANDING    COMMITTEE,    QUORUM     OF— WHAT    CONSTITUTES. 

Eaeli  standing  L-onimillec  slnill  determine  its  own  quorum;  provided, 
that  uot  less  than  one-third  of  the  number  of  members  constituting  such 
committee  shall  in  anv  case  constitute  such  quorum.  (Soiate  Rule 
No.  35.) 


CEC.    197. 

WHEN     COMMITTEES    SHALL     REPORT. 

All  bills  referred  to  any  committee  shall  be,  by  such  committee, 
reported  back  to  the  House  v.'ith  its  action  thereon,  within  ten  days  after 
such  reference,  unless  the  House,  by  request  of  such  committee,  shall 
otherwise  order.     (Assembly  rule  No.  18.) 

All  committees  shall  act  upon  bills  referred  to  them  as  soon  as  practi- 
cable, and  when  acted  upon  each  bill  shall  be  reported  back  to  the  Senate 
forthwith,  and  the  chairman  of  each  committee  is  charged  with  the 
observance  of  this  rule ;  provided,  that  the  Senate  may  at  any  time,  by 
a  nuijority  vote,  recall  a  bill  from  any  committee.     [Senate  Bute  Xo.  34.) 


SEC.    198. 

COMMITTEE    AMENDMENTS— HOW     MADE. 

When  amendments  to  a  bill  are  reported  by  a  committee,  the  clerk  of 
such  counnittee  shall  prepare  three  copies  of  amendment,  one  to  go  with 
the  bill  to  the  Superintendent  of  State  Printing,  one  to  the  iMinute 
Clerk,  and  one  to  the  Secretary  of  the  Senate.     {Se))ate  Rule  Xo.  33.) 


SEC.    199. 


REDRAFTING    OF     BILLS. 


All  bills  redrafted  by  committee  shall  have  the  new  matter,  if  any, 
underscored,  and  the  place  of  omission  of  parts  of  the  original  bill,  if 
any,  indieated  by  brackets.    {Se)iate  Rule  Xo.  2S,  suhdivisioii  3.) 


SEC.   200. 

INTRODUCTION     OF     BILLS     BY    COMMITTEE. 

Any  committee  may  introduce  a  bill  appertaining  to  any  subject  com- 
ing within  its  consideration,  whereupon  it  shall  be  read  the  first  time 
and  placed  upon  the  proper  second-reading  file.  When  each  bill  is 
designed  to  be  a  substitute  for  one  or  more  Assembly  bills,  the  bills  for 
which  it  is  such  a  substitute  shall,  by  a  majority  vote  of  the  House,  be 
deemed  withdrawn,  and  shall  not  appear  upon  the  file.  Upon  the  intro- 
duction of  a  bill  by  a  committee,  it  shall  be  numbered  as  a  new  bill, 
read,  ordered  printed,  and  placed  upon  the  Assembly  file  for  further 
action.     (Assonbhj  Rule  Xo.  8.) 


LEGISLATIVE    MANUAL    AND    FOR^E    BOOK.  81 

SEC.    201. 

JOINT     MEETING    OF    COMMITTEES. 

AVhenever  any  bill  has  been  referred  by  the  Senate  to  one  of  its  com- 
mittees, and  the  same  or  a  like  bill  has  been  referred  by  the  Assembly  to 
one  of  its  committees,  the  chairmen  of  the  respective  committees,  when 
in  their  judsrment  the  interests  of  legislation  or  the  expedition  of  busi- 
ness will  be  better  served  thereby,  shall  arrange  for  a  joint  meeting  of 
their  committees  for  the  consideration  of  such  bill.    [Joi)it  Euh  Xo.  33.) 

SEC.    202. 

NOTICE  OF  COMMITTEE  MEETINGS. 

The  chairman  or  clerk  of  each  committee  of  the  Assembly  shall  notify 
the  author  of  any  bill  or  proceeding  pending  before  such  committee  of 
the  hour  and  place  of  hearing  or  acting  upon  such  bill  or  proceeding. 
(Assnnhlji  Hide  Xo.  7.) 

SEC.    203. 

LEAVES    OF    ABSENCE    OF    MEMBERS    OF    THE    SENATE    VISITING 
PUBLIC    INSTITUTIONS. 

No  leave  of  absence  shall  be  granted  any  committee,  special  or 
standing,  to  visit  any  pul)lic  institution  of  the  State  or  foi"  any  other 
purpose.  Whenever  any  committee  .shall  report  to  the  Senate  that  it  is 
desirable  that  such  committee  receive  information  concerning  any  public 
institution,  the  Senate  may,  by  a  two-thirds  vote  of  all  its  members, 
grant  a  leave  of  absence  to  not  more  than  three  mem])ers  of  such  com- 
mittee, to  be  designated  by  the  chairman  thereof.  Application  for  a 
leave  of  absence  of  such  members  of  a  committee  shall  be  made  to  the 
Senate  in  writing  by  the  chairman  thereof,  and  such  application  shall 
give  the  name  of  the  in.stitution  or  institutions  to  be  visited  and  In-iefly 
recite  the  occasion  and  necessity  for  visiting  the  same,  togethei-  with  the 
names  of  the  committeemen  designated  for  that  purpose.  Such,  applica- 
tion shall  immediately,  and  without  debate,  be  referred  to  the  Com- 
miftce  on  liules,  with  instructions,  to  report  upon  the  same  on  the  next 
legislative  day.  Said  members  shall  be  allowed  their  actuj^l  expenses, 
hut  no  expenses  or  n)ileage  of  attaches  shall  he  allowid.  (S(  mih  L'lihs 
Xos.  3H  aiifl  H4.    Assfmbh/  Htdi  Xn.  32.) 

SEC.    204. 

WHO    MAY    ADMINISTER    OATHS    TO    WITNESSES. 

Tlic  iiii-iiihci's  of  any  (•oiiiinilti'r  may  admiiii.strr  ualhs  lo  witMi's.sc.s  in 
any  ni;itt<'r  under  cxaniination.     t  I'nlil ical  Cixh  .  s(c.  2.">"J,  i 

SEC.    205. 

FEES    FOR     WITNESSES. 

\Vitnes.S('S  summoned  to  appear  before  the  House  or  any  yf  its 
(•ommittees  shall  I'C  paid  as  follows:  For  eaeh  day  a  witness  shall  attend, 
the  sum  of  three  dollars;  Utv  each  mile  he  shall  travel  in  coming  t<t  and 
goinir  from  the  i)laee  of  examination,  the  sum  of  ten  cents.  Xo  mileage 
shall  be  paid  except  where  tlw  witness  has  actually  traveled  for  the  pur- 
pose of  giving  testimony.    (Asst  inhh/  Hiih  Xa.  72.) 

«— 16S21 


82  LEGISLATIVE    .AlAMAl.    AND   FORM    BOOK. 

SEC.  206. 

(  l-'orni.  I 

REPORT    OF    STANDING    COMMITTEE. 
TIk'  following  reports  of  stfincling:  eominittees  were  received  aiul  read: 

ox    .TIDICIARY.^ 

Si:x.\TK-  Chamber.  Sackamento.  Manh  31.  1915. 
Mr.  Tresidk-NT  :  Your  Committee  on  Jndioiary/  to  which   Avas   referred   Senate- 
Hill  No. —An  Act,  etc.; 

Also:   Senate-  Bill   No — An  Act.  etc.: 

Also:   Senate^  Rill   No — An  Act.  etc.: 

Also:   As.sembly'  Bill  No —An  Act.  etc.: 

Have  had  the  same  under  consideration,  ami  resjjcct fully  r(>iJort  the  same  back  and 
rcfommend   that  thev  do  pass. 

Chairman. 

MIXOKITY    REPORT. 

Sex.\te  CiiAiinER.  Sacramento.  ^Slarch  .31.  101.5. 
Ml!.    rni-.-siDENT :    .\    minority    of    your    Committee    on    Judiciary    to    which    was 
referred  Senate-  Bill  .W). ' —An  Act — has  had  the  same  under  considera- 
tion, and  respectfully  r«'ports  the  same  liaek  and  recommends  that  it  do  not  pass. 

E.XPI.AN.ATORY    NOTE. 

'Or  other  committee. 
=()r  Assembly. 
Or  Senate. 

Also: 

ON  (Name  of  Committee) 
:\Ir.  President' : 

Your    Committee    on    ,    to    whom    was    referred 

Bill  No. an  Act.,  etc.,  respeetfnlly  report 

that  they  have  had  the  same  under  consideration  and  recommend  that 
the  amendments  prepared  hy  the  committee  and  suhmitted  herewith, 
be  adopted  and  the  bill,  as  amended,  do  pass. 

Chairman. 

Bill  No. ordered  on  file  for  second 

reading. 

<^Form  used  in  amending  bills,  either  by  committee  or  from  floor  of  Senate  or 

Assembly. ) 

PKOPOSKl)  A:\rENl)MEXTS  TO BILL  NO 


AMENDMENT    NCMBER    ONE. 

Amend  the  title  of  the  tirinted  bill,  by  striking  out  all  of  line.s 

;in<l of  the  title  and  inserting  in  lieu  thereof  the  following: 


AMENDMENT    XIAIBER    TWO. 

StriUe  out  all  of  the  printed  bill  from  and  including  line , 

l)age to  and  including  line page 

a.mend:\ient  ncmber   three. 

On  pcige line of  the  printed  bill,  strike  out  the  words 

** '■  and  insert  in  lieu  thereof  the  f ollowins' :  "" " 


amendment  ncmber  four. 

On  page .strike  out  all  of  section and  insert  in  lieu 

tliereof  the  following: 
St-etion 


LEGISLATIVE   MANUAL   AXD   FORM    BOOK. 


S3 


AMKXDMEXT  XUiMBER  FIVE. 


On  page of  tlie  printed  bill,  strike  out  all  of  section 


X.   B. — Three  copies  of  all  sets  of  amendments  should  be  sent  to  the  desk  at  the 
time  the  committee  makes  its  report  or  when  amendments  are  submitted  for  adoption. 


SEC.  207. 

I  Foi-m.  ) 

REPORT    OF    SPECIAL    COMMITTEE. 

The  following  report  of  Special  Committee  was  received  and  read : 

OX  (Name  of  Committee) 
Mr.  President^: 

Your  Special  Committee  on begs  leave  to  submit 

the  following  report: 

Chairman. 

EXPI.AXATORT  NOTE. 

'Or  Speaker. 


PART  Y.     PROYISIONS  GOYERXING  IXDIVIDUAL 
COMMITTEE. 


SEC.    208. 


DUTIES    OF    JUDICIARY    COMMITTEE. 


The  rules  of  each  House  may  prescril)e  the  duties  of  each  committee 
tliereof.  In  addition  to  the  duties  that  may  thus  be  ])rescribed.  it 
shall  be  the  duty  of  the  Judiciary  Committee  of  each  House,  whenever 
a  bill  drawn  in  the  form  of  a  general  law  is  recommended  for  passage, 
cither  a.s  introduced,  or  as  amended  by  sucli  committee,  if  it  relates  to 
and  should  form  part  of  any  subject  contained  in  cither  one  or  more  of 
the  codes  of  tliis  State,  to  accompan\'  such  rec<»mmcn(lation  with  a  sul)- 
stitute.  or  substitutes  tlicrcfor.  containing  a  suitable  title  and  tlie  jn'o- 
visions  of  sin-li  l)ill  in  codified  form,  and  numbered  so  as  to  indicate  in 
what  code,  and  what  part  thereof,  it  i^  pidpe.scd  to  insei't  the  viime  in 
case  of  enaetiiient.      (  J'ollf  liol  Cixh  .  sir.  :J4It.  r* 


COMMITTEES    OTHER    THAN    JUDICIARY    REPORTING    FAVORABLY    ON 

BILL.    EFFECT. 

When  aii\'  standing  ronniiittee  of  the  Semite  oi-  .\ssemlily.  other  than 
the  Judiciary  Committee  thereof,  favorably  re|!oi-t  aii\  bill  referred 
thereto,  if  such  bill  is  in  the  form  of  a  general  law.  the  siuiie  shall  be 
placed  on  file,  retain  its  place  thereon,  and  l»e  referred  to  the  Jntlieiary 
Committee,  whereupon  such  eonniiittee  must,  if  the  bill  relates  to  and 
should  form  part  of  any  subject  conlaiiietl  in  either  one  or  more  of 
the  codes  of  this  State,  codify  the  .same,  and  within  two  days  after 
such  reference,  unless  achlitional  time  is  granted,  report  a  su])stitute 
or  substitutes  therefor  in  the  mjinner  firovided  in  the  preceding  section. 
(/'olilical  Code,  arc.  250.)* 

•For  ••xrilanatlun  <if  Uv  ft.iiii- 


84  LEGISLATI\E    MANIAL   AND   FORM    BOOK. 

SEC.    210. 

COMMITTEE    ON     REVISION    AND    PRINTING. 

Unless  otherwise  ordered  by  the  House  in  which  the  bill  was  intro- 
duced, all  ])ills  before  hemg  printed  shall  be  immediately  sent  to  the 
Committee  on  Revision  and  Printing.  The  committee,  l)y  and  with  the 
written  assent  of  the  author  tiled  with  it,  shall  have  authority  to  correct 
any  clerical  error  such  as  in  orthography,  adding  or  correcting  the  enact- 
ing clause,  mistakes  in  num])ering  sections  and  references  thereto, 
errors  in  grammar  phraseology,  oi-  in  the  form  of  the  bill;  provided, 
that  no  ])ill  which  bears  the  stamp  of  the  legislative  counsel  bureau 
showing  that  before  introduction  it  has  been  examined  as  to  form,  shall 
be  sent  to  the  Committee  on  Revision  and  Printing.  {Joint  Euh 
No.  30.) 

SEC.    211. 

REPORTS    OF    COMMITTEE    ON     REVISION. 

The  Committee  on  Revision  and  Printing  shall  return  to  the  Secretary 
of  the  Senate  or  Clerk  of  the  Assembly  all  bills  in  the  order  in  which 
they  were  sent  to  it,  but  shall  not  retain  any  bill  for  longer  than  three 
legislative  days,  unless  otherwise  ordered.      (Joint  Biilc  No.  32.) 

SEC    212. 

COMMITTEE    ON    CONTESTED    ELECTIONS. 

It  shall  be  the  duty  of  the  Committee  on  Contested  Elections  to  exam- 
ine and  report  upon  the  certificates  of  election  or  other  credentials  of 
such  members  returned  to  serve  in  this  House,  as  may  have  their  seats 
contested,  and  to  take  into  their  consideration  all  such  petitions  and 
other  matters  touching  elections  and  returns  as  shall  or  may  be  presented 
or  come  into  question,  and  be  referred  to  them  liy  the  House,  or  the 
Speaker  thereof.      {Assemt^tj/  Ti  ulr  No.  29.) 

SEC.    213. 

COMMITTEE    ON     WAYS    AND     MEANS. 

It  shall  be  the  duty  of  the  Committee  on  Ways  and  Means  to  take 
into  consideration  all  reports  of  the  State  officers  and  State  boards  or 
State  commi.ssions,  and  all  propositions  relative  to  the  revenue  of  the 
State,  as  may  be  referred  to  them  by  the  Assembly ;  to  inquire  into  the 
state  of  the  revenue  and  expenditures  of  the  State,  and  report  from  time 
to  time  their  opinion  thereon.  All  bills  for  the  appropriation  of  money, 
Avhich  were  not  at  first  referred  to  the  Committee  on  Ways  and  IMeans. 
shall  be  reported  to  the  House  by  the  committees  having  them  under 
consideration,  and  shall  thereupon,  without  motion,  be  referred  to  the 
Committee  on  Ways  and  INIeans ;  and  said  committee  shall  consider  and 
report  thereon  the  amount  of  appropriation  required,  but  such  bill  shall 
retain  its  place  on  tile  pending  its  consideration  by  said  Committee  on 
Ways  and  ]\Ieans.  The  Committee  on  Ways  and  INIeans  shall,  from  time 
to  time,  at  least  once  in  two  weeks,  report  to  the  House  the  exact  condi- 
tion of  legislation  involving  appropriations,  and  the  aggregate  amount 
of  all  the  proposed  appropriations  pending.      (Asscmhtij  Rule  No.  30.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  85 

X.  B. — Foi-  additional  duiits  of  Committt-e  on  Engrossment  and  Enrollment,  see 
also   section    4S-1. 

SEC.   214. 

ENROLLED    BILLS    TO    RECEIVE    SIGNATURES    OF    PROPER    OFFICERS. 

After  a  bill  shall  have  ])as.sed  both  Houses,  it  shall  l)e  duly  (^urolled 
and  carefully  compared  by  the  Kuirrossing  and  Enrollintr  Clerk  and 
Engrossins:  and  Enrolling  ('onnnittee  of  the  Assembly,  or  of  the  Senate, 
as  the  bill  may  have  originated,  and  shall  first  receive  the  signatures  of 
the  presiding  officer  and  Clerk  or  Secretary  of  the  House  in  which  it 
emanated,  before  it  shall  be  presented  to  the  Governor  of  the  State. 
(Joi)d  Rule  Xo.  21.) 


SEC.    215. 

ENROLLING    COMMITTEE    TO    COMPARE. 

When  the  bills  are  enrolled  they  shall  lie  re-examined  by  the  Engi'oss- 
ing  and  Enrolling  Connnittee  of  the  House  in  which  they  originated, 
who  shall  compare  the  enrollment  with  the  engrossed  bill  as  passed  in 
the  two  Houses,  and  correcting  any  errors  that  may  be  discovered  in  the 
enrolled  bill,  make  their  report  forthwith  to  the  House  in  which  the  bill 
originated,  stating  l)v  whom  such  l)ill  was  examined,  i  Joint  Rule 
Xo.  22.) 


PRESIDENT    AND    SPEAKER    TO    SIGN    BILLS. 

After  the  examination  and  repoi-t.  eacii  bill  shall  be  signed  in  the 
respective  houses,  first  by  the  Speaker  of  the  Assembly,  then  by  the 
President  of  the  Senate.      (Joint  Rutr  Xo.  23.) 


SEC.    217. 

ENROLLING     COMMITTEE    TO     PRESENT     BILLS    TO    GOVERNOR. 

After  a  bill  shall  have  lieen  thus  signed  in  eacli  House,  it  shall  be 
presented  by  tiie  Engrossing  and  Enrolling  Commitlee  of  the  Hou.se  in 
which  it  originated  to  the  (Governor  of  the  State  for  his  approval  (it 
being  first  endorsed  on  the  back  of  the  bill  l)y  the  Secretary  or  Clerk, 
as  the  case  may  be,  certifying  in  which  House  the  bill  originated  >.  The 
said  committee  shall  report  the  day  of  presentation  to  the  Covernor, 
nhieh  time  shall  be  earefully  entered  on  the  journal  of  the  House  in 
whieli   Ihe   l)ill   origilialed.       ijninl    Hull    Xo.  24.) 


SEC.    21{ 


PROVISION    FOR    ENGROSSMENT. 


It  shall   lie  the  dlltX    of  Hn'  (  '( lliller  oil    lOllgl'OSSIIlellt    .-llld    Ell  lull  nirlit 

to  compare  :ij|  bills,  const  it  u1  ion;'.!  iiiiieiidmciits.  and  ectiicurretit  and 
joint  resolutions,  ordeied  or  considered  engro.ssed  hy  this  House  with  the 
engrossed  co|)ies  thereof;  and.  bcfoi-c  they  pass  out  of  the  po.ssessictn  of 
this  House,  see  that  the  eiiLTosscd  bill  is  a  true  copy  of  the  original,  with 
such  amcn<liiients  as  iiiax'  have  Ihcii  made  thereto;  and  said  coinmittci' 
shall  sec  that  all  eniri-oss'-d  bills  are  reported  i»ac|<  in  the  ord<r  in  which 
thcv  were  ordered  engrossed,      i  .Iw ////////  li'nlt   .\o.  :\] .  < 


86  LEGISLATIVE    MANUAL    AND   FORM    BOOK. 

SEC.   219. 

ORDER    OF     ENGROSSING    AND     ENROLLING     BILLS. 

All  l)ills  ordered  engrossed  sliall  l)e  delivered  by  the  Secretary  of  the 
Senate  to  the  Ooraniittee  on  Engrossment  and  Enrollment  or  to  the  clerk 
of  that  committee  and  a  receipt  in  writing  taken  therefor,  and  all  said 
bills  shall  l)e  engrossed  in  the  order  of  their  receipt  by  that  committee 
or  its  clerk.  All  Senate  bills  shall,  after  their  final  passage  by,  and 
receipt  from  the  Assembly,  be  delivered  by  the  Secretary  of  the  Senate 
in  the  order  of  their  receipt  from  the  Assembly,  to  the  Committee  on 
Engrossment  and  P]nrollment  or  its  clerk  and  a  receipt  in  writing  taken 
therefor;  and  said  bills  shall  be  enrolled  in  the  order  of  their  receipt 
from  the  Secretarv  of  the  Senate.      {Senate  Rule  No.  29.) 


SEC.   220. 

ENGROSSED     BILLS    TO     BE     EXAMINED     AND     REPORTED. 

All  bills,  amendments,  and  resolutions,  after  being  engrossed,  in  pur- 
suance of  the  order  of  the  Senate,  shall  be  carefully  examined  and 
reported  back  by  the  Committee  on  Engrossment  and  Enrollment ;  the 
engrossed  copy  to  be  transmitted  to  the  Assembly  with  proper  endorse- 
ments, and  the  original  retained  l\v  the  Senate.     (Senate  Rule  No.  30.) 


SEC.   221. 

ORDER  OF  ENGROSSING  AND   ENROLLING   BILLS. 

The  Engrossing  and  Enrolling  Clerk  shall  engross  and  enroll  the  bills, 
constitutional  amendments,  and  joint  and  concurrent  resolutions  which 
shall  come  to  his  hands  for  such  purposes,  in  compliance  with  the  pro- 
visions of  Section  539  of  the  Political  Code,  and  in  the  order  of  time  in 
which  the  same  shall  be  acted  upon  by  the  House.  Said  Clerk  shall  be 
responsible  for  every  violation  of  this  rule  by  his  assistants  or  deputies ; 
no  clerk  of  this  House,  or  his  deputy  or  assistant,  shall  demand  or 
receive  fn.tm  any  person  any  compensation  other  than  that  provided  by 
law  for  any  services  performed  by  him  in  regard  to  bills  or  preparatioii 
of  bills  before  this  House.  All  Assembly  bills,  constitutional  amend- 
ments and  joint  and  concurrent  resolutions  shall  be  engrossed  before 
final  action  is  taken  on  them  in  the  Assembly.      (Asscmhhj  Rule  No.  17.) 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  87 

SEC.  222. 

(Form.) 

REPORT   OF   COMMITTEE. 

ox    EXGSO.SSJ1EXT    AXU    EXROI.LMEXT. 

Ch.\mber,  S.vcramexto.  Maicli  '.MK  liil."i. 

Mr.  I'ke&ioext  :  Your  Committee  ou  Ens'i'ossmeut  and  Enrollment  has  cxamiii'Ml 

Bill  No. — An  Act,  etc. 

Also:   Bill  No. — An  Act.  etc. 

Also: Bill  No. — An  Act.  etc. 

And  reports  that  the  same  have  been  correctly  ensrossed.' 

,    Chairman. 

EXPLAX.\Ti)RY    NOTE. 

^Or  re-euarrossed  or  re-re-engrossed.  etc. 

Also  : 

Cn.\>iUEK,    Sachamexto.   March    If).   V.H'i. 

Mr.  Presidext  :  Your  Committee  on  Engrossment  and  Enrollment  have  examined 

Bill   No. — An  Act,   etc..  and   report  that   the  same  has  heen 

correctly  enrolled  : 

And  presented  to  the  Governor  ou  this day  of ,  19 

at o'clock  and minutes  p.m. 

,  Chairman. 


Sec. 

•)•>;> 

Sec. 

224. 

Sec. 

22.".. 

Sec. 

22(i. 

Sec. 

227. 

Sec. 

22S. 

LEGISLATIVE   MANUAL    AND   FORM    BOOK. 

CHAPTER  V. 

THE    GENERAL    FILE. 

Chapter  Contents. 
P.\UT    I.     (Jeneral    I'rovisions. 
Kt'.ulin.ii  of  bilLs.      (Senate  rule:  Assembly  rule.) 
Order  of  making  file.      (Assembly  rule:   Senate  rule.) 
The    neneral    file — Its    hours — Special    order    of    bills    on    tile.      (Senate 

rule.) 
Special  file.      (Joint  rule.) 

Order  of  making  special  file.      (As.sembly  rule.) 
Special  ordei-s.      ( Senate  rule. ) 

Sec.  22!>.  Taking  uj)  bills  out  of  order.      (Assembly  rule.) 

Sec.  23().   Reference  of  appropriation  bills  before  second  reading.      (Senate  rule.) 

Sec.  23L  Final  question  on  second  reading  of  bill — No  amendment  on  third  reading, 
but  may  commit.      (Senate  rule.) 

Sec.  232.  Reprinting  of  amended  bills.      (Senate  rule.) 

Sec.  233.  The  urgency  section.      (Constitution.) 

Sec.  234.  Pa.s.sage  of  urgency  section.      (.Joint  rule.) 

Sec.  23.").  Passage  of  bills  before  constitutional  recess.      (Joint  rule.) 

Sec.  2.3(j.   Second   reading   of   bills.      (Form.) 

Sec.  237.   Second  reading  of  bills   (out  of  order).      (Form.) 

Sec.  238.  Third  reading  of  bills.      (Form.) 

Sec.  230.  Consideration   of  daily   file — Third    reading  of   Senate   bills.      <  Form.  I 

Sec.  240.  Call  of  the  Senate.      (On  third  reading  of  a  bill.)      (Form.) 

Sec.  241.  Case   of  urgency.      (Approijriation  bill.)       (Form.) 

Sec.  242.   Special  order.      (Form.) 

Sec.  243.  Special  order  reset.      (Foim.) 

Sec.  244.   Con.sideration  of  special  order.      (Form.) 

Sec.  24."i.   Recall  of  bills  from  committee.      (Form.) 

Sec.  24(i.  Recall  of  bills  from  print.      (Form.) 

Sec.  247.   Former  action  reconsidered.      (Form.) 

Sec.  248.   Former  action  re.scinded.      (Form.) 

Sec.  240.  T'nanimous  consent  granted.      (Form.) 

Pakt  II.     After  Passage  in  the  House  of  Okkjin. 
Sec.  2r)().-  Notices  to  be  in  writing  under  pi'oper  signature.      (Joint    ruli.  I 
Sec.  2."»1.  Secretary,   Clerk,   etc..   to  carry  me.ssages.      (.Joint   rule.  I 
Sec.  2.^2.   Each  house  to  transmit  papers.      (Joint  rule.) 

Sec.  2.">3.  Messages  must  be  announced  by  the  Sergeant-at-arms.      (Joint  rules.) 
Sec.  2.">4.   Messengers  may   be   introduced.      ( Senate   rule :    Assembly   rule. ) 
Sec.  2.").").  Me.ssages  from  the  other  house.      (Senate  rule:   As.sembly   rule.) 
Sec.  2.")(>.   Bills  read  and   referred  to  committee.      (.Joint  rule.) 

See.  2.17.  After  a  bill   has  been   passed  by  the   Senate  or  Assembly.      (Jninr    rule.) 
Sec.  2."iS.   I)isi)osition  of  As.sembly   bills.      (Senate   rule.) 
Sec.  2."j0.  Disposition   of  Senate  bills.      (Assembly  rule.) 
Sec.  2(;0.   P.ill    or    resolution    in    one    house,    rejected    in    the    other.    rf(iuires    notice. 

( .Joint  rule. ) 
Sec.  2G1.   ^lessages  from  the  Assembly.      (Form.) 
Sec.  2()2.  Messages  from  the  Assembly    (out  of  order).      (Form.) 
Sec.  2('.3.  Withdrawal  of  companion  bill.      (Form.) 


LEGISLATIVE   MANUAL    AXD    FORM    BOOK.  89 

PART  I.     GENERAL  PROVISIONS. 

X.  B. — For  Coustimtlonal  requirements  resardiuR  the  reailiug  of  bills  on  three 
several  davs  see  section  ooL 

X.  B. — Recon.sideration  of  bills,  etc..  is  treated  in  sections  309  and  310. 

SEC     223 

READING    OF     BILLS. 

Every  bill  shall  be  read  on  three  several  day.s  previous  to  its  jiassaire 
(unless  in  case  of  urgency,  two  thirds  of  the  membership  of  tlie  house 
in  Avhich  it  is  being  considered,  shall  by  vote  of  the  ayes  and  noes  dis- 
pense with  this  provision)  and  the  la.st  reading  .shall  be  at  length.  The 
presiding  officer  shall  give  notice,  at  each  of  the  second  and  third  read- 
ings, which  reading  it  is.  and  no  bill  shall  be  read  at  either  reading  (if 
a  member  object)  until  the  hou.se  in  which  it  is  being  eonsideretl  shall 
so  determine  by  vote.      [Senate  Eule  Xo.  28.     Assemhhi  Hide  Xo.  7.) 


SEC.   224. 

ORDER    OF     MAKING     FILE. 

Upon  the  introduction  of  bills  they  shall  be  read  the  tirst  time. 
and  referred  to  committees.  When  reported  back  they  shall  be 
placed  upon  the  (Jeneral  File,  to  be  kept  by  the  Clerk,  as  fol- 
lows: All  ])ills  when  reported  to  the  House  by  the  committees 
shall  be  placed  at  the  foot  of  the  second-reading  file,  in  the 
order  in  which  the  reports  are  made,  and  after  the  seeond  reading  they 
shall  be  placed  at  the  foot  of  the  third-reading  tile,  iu  the  onh'r  of 
reading,  and  precedence  .shall  be  given  in  the  consideration  of  bills  m 
the  following  order:  Second-reading  tile  and  third-reading  tile,  unless 
otherwise  ordered  by  mianimous  consent  or  by  a  two-thirds  vote  of  the 
IIou.se.  The  bills  upon  third  reading  shall  be  eonsidered  in  tlic  order 
in  which  they  appear  upon  the  tile,  unices  otherwise  ordered  l..\  unani- 
mous consent  or  by  vote  of  majority  of  the  members  present  such  vote 
to  be  taken  by  roll  call;  proi-idecL  that  if  a  bill  is  pa,s.scd()n  tile  for  any 
reason,  other  than  the  ab.sence  of  the  author  by  leave  of  the  Assembly, 
note  of  the  fact  .shall  be  made  in  the  General  File,  and  when  i)a.ssed  ..n 
file  a  second  time,  the  bill  shall  be  ordered  to  the  foot  of  111.-  Hie.  and 
notice  of  the  fact  of  the  bill  having  been  i)assed  on  lilr  i)ri(.r  to  tlie 
order  placing  it  at  the  foot  of  the  tile,  shall  be  omittetl  from  lli.'  (i.-ii- 
eral  File.  The  Clerk  shall  i)ost.  in  a  conspicuous  place  in  the  Cliaiiib.r, 
a  daily  stat.'iiient  of  the  bills  (m  the  (Jeneral  File,  setting  forth  the 
order  "in  which  they  were  filed,  and  specifying  the  alterations  arising 
from    the   disposal'of   business   ea<'li    day.      { Assoiihl  u    h'lih    .Vn.    14. ) 

All  bills,  after  tlie  second  reading  i  if  the  same  be  not  committed, 
then  Mp(»n  being  reported),  shall  be  pla.-ed  upmi  the  general  lile  ;iiid 
shall  be  l;ikeii  up  for  consi-jerat ion  ami  passage  in  the  urdei-  of  their 
beiii-r  iihiced  on  lile.     (Siiiah   Ii'idt   X".  41.' 

When  bills  have  1 n  pas.s.'d  on  lile  for  the  second  time  thry  must   be 

plHcerl  at  the  foot  <.f  the  file  in  th.-ir  regular  order,  unless  niheiwi.se 
oidered  bv  the  Senate.     iSdioh   li'tdi  Xo.M).' 


90  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

SEC.  225. 

THE  GENERAL  FILE:   ITS  HOURS— SPECIAL  ORDER  OF  BILLS  ON  FILE. 

The  General  File  shall  be  the  special  order  for  each  day  l)et\veeu 
such  hours  as  the  Senate  may  determine,  unless  sooner  disposed  of ;  l)ut 
no  bill  shall  lose  its  place  upon  the  file  by  expiration  of  the  time  or  by 
adjournment  of  the  Senate  Avhile  it  is  under  consideration.  {Senate 
Rule  Xo.  '39.) 


SEC.   226. 

SPECIAL    FILE. 

On  the  .second  day  after  the  close  of  the  recess  provided  for  in  sec- 
tion 2,  article  IV,  of  the  Constitution,  the  Senate  and  Assembly  shall 
each  adopt  and  provide  a  special  file  upon  which  shall  be  placed:  In 
the  Senate,  only  Assembly  bills  that  have  passed  the  A.ssembly ;  and  in 
the  Assembly,  only  Senate  bills  that  have  passed  the  Senate.  Such 
special  file  shall  be  taken  up  at  two  o'clock  p.m.  of  each  day,  and  be 
considered  at  least  one  hour  and  a  half  after  ])eino-  so  taken  up.  This 
rule  shall  not  be  suspended  in  either  house  except  by  a  three-fourths 
vote  of  such  house.      (Joint  Bide  No.  10.) 


ORDER    OF    MAKING    SPECIAL    FILE. 

The  Clerk  shall,  from  time  to  time,  make  up  a  file,  to  be  known  as 
the  Special  File,  on  which  he  shall  place  bills  relating  to  appropriations 
for  the  support  of  the  state  government  and  state  institutions,  revenue, 
election  laws  and  con.stitutional  amendments,  in  the  order  named,  and  in 
the  order  in  which  the  same  may  be  reported  to  the  A.ssembly.  and  he 
shall  place  no  other  bills  thereon,  nor  shall  any  bill  on  the  General 
File  be  substituted  for  any  bill  therecn.      (A.^sanhhi  Uulc  Xo.  15.) 


SEC     228 

SPECIAL  ORDERS. 

Any  subject  may,  by  vote  of  a  majority  of  those  voting,  be  made  a 
special  order,  and  when  the  time  fixed  for  its  consideration  arrives,  the 

presiding  officer  sliall  lay  it  before  the  Senate.      (Smnte  'Rule  Xo.  56.) 

SEC.   229. 

TAKING   UP   BILLS  OUT  OF  ORDER. 

AYhen  a  member  shall  ask  leave  to  have  a  bill  taken  up  out  of  its  reg- 
ular order,  he  shall  in  making  the  motion  give  the  number  and  title 
of  the  bill  and  its  position  on  the  file.      {AssenthJij  Rule  Xo.  16.) 

SEC.  230. 

REFERENCE  OF  APPROPRIATION  BILLS  BEFORE  SECOND  READING. 

Ail  bills  appropriating  money  from  any  fund  shall  be  referred  to 
the  Committee  on  Finance  (in  the  Senate,  or  Ways  and  ]\Ieans  in  the 
Assembly)  before  being  read  a  second  time.  (Senate  Rule  Xo.  32. 
Asscnihhj  Rule  Xo.  30.) 


LEGISLATIVE    MAXUA[.    AND    FORM    BOOK.  91 

SEC.    231. 

FINAL    QUESTION     ON     SECOND     READING    OF     BILL— NO    AMEND- 
MENT   ON    THIRD    READING,    BUT    MAY    COMMIT. 

The  tiiuil  question  on  the  seeond  readinp-  of  every  liill  orii>inatin<;-  in 
the  Senate  shall  be:  '•  Shall  the  hill  he  engrossed.'"'  And  no  anienil- 
ment  shall  he  reeeived  for  disen-ssion  at  the  third  readins:  of  any  l)ill : 
but  it  shall  at  all  times  be  in  order,  before  the  tinal  ])assa!2:e  of  sneh  bill, 
to  move  its  eonnnitment  under  speeial  instruetion.s  to  amend.  {Soiafc 
Euh  No.  5.3.) 


SEC.    232. 

REPRINTING    OF    AMENDED     BILLS. 

All  bills  amended  on  second  or  third   rending'  shall  immediately  be 
reprinted.      [Scnah    Hulr  Xo.  28.- 


SEC     233 

THE    URGENCY    SECTION. 

No  act  passed  by  the  Legislature  shall  go  into  effect  until  ninety  days 
after  the  final  adjournment  of  the  Legislature  which  passed  such  act. 
except  acts  calling  elections,  acts  providing  for  tax  levies  or  appropria- 
tions for4he  usual  current  expenses  of  the  State,  and  urgency  measures 
necessarv  for  the  immediate  preservation  of  the  public  peace,  health,  or 
safety,  passed  by  a  two-thirds  vote  of  all  of  the  members  elected  to  each 
house.  Whenever  it  is  deemed  necessary  for  the  immediate  preserva- 
tion of  the  public  peace,  health  or  safety  that  a  law  shall  go  into  imme- 
diate effect,  a  statement  of  the  facts  constituting  such  necessity  shall 
be  set  forth  in  one  section  of  the  act,  which  section  shall  be  passed  only 
upon  a  yea  and  nay  vote,  upon  a  separate  roll-call  thereon;  provided, 
hoivever,  that  no  measure  creating  or  abolishing  any  ofifice  or  changing 
the  salary,  term  or  duties  of  any  officer,  or  granting  any  franchise  or 
special  privilege,  or  creating  any  vested  right  or  interest,  shall  be  con- 
strued to  be  an  urgency  measure.  Any  law  so  passed  by  the  Legislature 
and  declared  to  be  an  urgency  measure  shall  go  into  immediate  eff'cct. 
(('(,„^liltili(>ii.  (tri.  I  v.  SIC.  ].  jxir.  4-.) 


SEC.    234. 

PASSAGE  OF   URGENCY  SECTION. 

l'p(;n  the  third  i-i'M<ling  of  an  .\c1  wliidi  is  an  iiriiincy  nieasin-c  witliui 
the  mcaniiiii  of  sc<-1inn  1  of  ai-licl<-  I  \'  of  the  State  ( "oust  it  nt  idii.  the 
prcsidiii-j-  officer  shall  direct  that  the  section  oT  said  Act  setting  forth 
the  faet.s  eonstiliilinii  the  iiece.s.sily  for  siieli  nrLiency  (which  .shall  lie 
known  as  the  urgency  section)  be  1h<n  read  and  pnt  to  vote.  'I'he 
fpiestioM  shall  be  thus  stated:  "Shall  this  section  setting  forth  the 
urgcncv  features  of  this  bill  be  pa.ss.-d  .' '"  If  upon  such  final  vole 
two-thirds  of  all  the  nieuibers  elected  to  the  house  in  which  the  vote  is 
beinL'  taken  shall  not  vol.-  in  the  afliriMative.  no  further  action  slial'  be 
taken  on  the  bill:  but.  in  case  an  ideuticjil  bill  without  such  an  enier- 
trt'iicv  clause  be  again  inlroduci-d  into  sn.-li  lious.-.  such  l)ill  shall  be 
placed  on  tile  withonl  reference  to  any  coniniitte.-.      (Jnliil  h'lih   .\».  '2S.) 


92  LEGISLATIVE    MAXIAL    AND    FORM    BOOK. 

SEC.   235. 

PASSAGE    OF     BILLS     BEFORE    CONSTITUTIONAL     RECESS. 

Fj-Ach  house  shall  act  in  the  usual  cuurse  upon  all  bills  that  may  be 
nuule  to  take  effect  immediately,  under  the  provisions  of  .section  1, 
article  IV.  of  the  roustitution.      (Joint  Rule  No.  12.) 

SEC.   236. 

( Form. ) 

SECOND    READING   OF BILLS. 

Bill  No. —An  Act.  etc. 


COMMITTEE    AMENDMENTS. 

During'  the  second  readinti  of  the  bill,  the  following  connnittee  amend- 
ments were  otfered  : 

AMENDMENT    XIMUER    ONE. 

Ou   pase ,   section ,   strike  out and    insert   in    lien    tliereof.   etc. 

Amendment  adopted. 
Also : 

AMENDMENT    NUMHEK    TWO. 

On  page ,   section .   strike  out and   insert    in    lieu   tliereof.   etc. 

Amendment  adopted. 

Bill  read  second  time,  and  ordcM-ed  to  print.  (Miurossment.  and  third 
reading. 

Also: 

AMENDMENTS   FROM   THE    FLOOR. 

During'  the  second  reading  of  the  bill,  the  following  amendments  were 
offered  and  their  adoption  moved  l)y  Senator^ : 

Also: 

On  motion  of  Senator^ Bill  No. .  Avas 

passed  on  tile  to  retain  its  place. - 

Also: 

On  motion  of  Senator^ Bill  Xo. was 

continued  on  second-reading  file  for  further  consideration. 

Also: 

On  motion  of  Senator^ Bill  Xo. was 

re-referred   to  Committee  on 

EXPLANATORY  NOTE. 

'Or  Mr. 

"Or  was  ordered  to  tlie  foot  of   the  Hie. 
■•()r  reconunitted. 

X.  R. — If   no   motion    \v;is   made    tlien    "By    direction    of   the   I'resident"    (or   other 
presiding  officer). 


SEC.    237. 

( I'orm. ) 

SECOND    READING  OF BILLS— (OUT  OF  ORDER). 

On    motion    of    Senator^ the   second-reading    tile    of 

bills  was  taken  up.  out  of  the  regidar  order. 

Bill  Xo. 


LEGISLATIVE   MAXLAL    AND   FORM    BOOK.  93 

COMMITTEK    AMKXDMEXTS. 

During  the  second  reading  of  the  hill,  the  following?  eoniniittee  anieiid- 
ments  were  offered : 

AMENDMENT   NlJUiKU   ONE. 

On  page  1,  section  1.  line  G,  after  the  word insert  the  followinsr : 

Amendment  adopted. 

AMENDMENT    Nl ".Xir.Kl!    TWO     (ETC.). 

Amendment  adopted. 

Bill  read  second  time,  and  ordered  to  print,  engrossment  and  third 
reading. 

Also : 

SECOXD    READIXG    OF    BILLS (OUT    OF    ORDER). 

Senator' asked  for,  and  was  granted,  unanimous  consent 

for  the  second  reading  at  this  time  under  suspension  of  the  rules  of  the 
bills  previously  reported  from  committee  on  this  legislative  day. 

i_  Bill  No. —An  Act.  etc. 

Also : 

SECOND    READING   OF   BILL— (OUT  OF  ORDER). 

Senator asked  for.  and  was  granted,  unanimous  consent 

to  take  up,  for  .second  reading,  out  of  the  regular  order,   

Bill  No. 

EXPLAXATORY   NOTE. 

'Or  Mr. 


SEC.   238. 

( Form. ) 

THIRD     READING    OF    BILLS. 

Bill  No. —An  Act.  etc. 

On  motion  of  Senator^ Bill  No. was 

passed  on  file  to  retain  its  place. 

ALso : 

In  the  al)sence  of  tlie  author. l>ill  Xo. was  ordered 

passed,  to  retain  its  plat-c  on  the  tile. 

EXPI.AXATOI'.V   NOTE. 

'Or  .Mr. 


SEC.    239. 

n-..i  Ml  I 

CONSIDERATION  OF  DAILY  FILE— THIRD   READING  OF  SENATE     BILLS. 
iJill    .\o. -    .\n    .\r\.  et.-. 

liill  read  third  time 

The  (picstion  being  on  the  jjiiss.fje  til'  the  liill. 

The  roll  was  called.  ;ind   .  I'.ill   .Xo.        ._   (iiially  |),issed- 

by  the  following  vote : 
(roll  call.) 

Title  read  and  a|»|»roved.' 
liill  ofdei-ed  transmitted  to  the  .\.sseiiil»ly. ' 


9J:  LEGISLATIVE    MANUAL    AND    FORM   BOOK. 

Also : 
Joint"'  Resolution"  No. Relative  to,  etc. 

The  question  being  on  the  adoption  of  the  Joint^  Resolution.'^ 

The  roll  was  called,  and Joint^  Resolution*^  No, 

adopted^  by  the  following  vote : 

(roll  call.) 

Joint^  Resolution''  ordered  engrossed  and  ti-ansvnitted  to  the 
Assembly.' 

EXPI-AXATORY  NOTE. 

'Or  Assembly. 

"Or  refused  passage. 

■Or   Senate. 

"Or 

TITLE    AMENDED. 

Senator moved  to  amend  the  title  of Bill 

No. by  adding  thereto  the  following:  " ". 

Amendment  adopted. 

Bill  ordered  to  print  and  re-engrossment,  and  transmitted  to  the 
Assembly. 

■"'Or  concurrent. 

"Or  Constitutional  Amendment. 

"Or  rejected. 


SEC.    240. 

CForm.) 

CALL    OF    THE    SENATE.^ 

The  roll  was  called  (on  the  question  before  the  Senate). 

Pending  the  announcement  of  the  vote.  Senator'-' moved 

a  call  of  the  Senate^ 
^Motion  carried. 

The  Secretary*  was  directed  to  call  the  roll. 
The  roll  was  called,  and  the  following  answered  to  their  names: 

(roll  CALL.) 

The  Secretary*  announced  the  absentees. 

Time m. 

The President" directed  the  Sergeant-at-Arms  to 

close  the  doors. 

The  Sergeant-at-Arms.  having  l)een  furnished  with  the  names  of  the 
absentees,  was  directed  to  bring  them  to  the  bar  of  the  Senate\ 

At m..   Senator.s- ,   and  — 

were  brought  to  the  bar  of  the  Senate,^  and  on  motion  of  Senator- 
were  excused''  for  absence  from  the  Senate  Chamber. 

FURTHER  proceedings  UNDER   CALL  OF  THE  SENATE  DISPENSED   WITH. 

At m..  further  proceedings  under  the  call  of  the  Senate^ 

were  dispensed  with,  on  motion  of  Senator'- 

The  Secretary*  was  directed  to  call  the  roll,  on  passage  of  bill,  of  the 
Senators'^^  who  had  not  answered  to  thoir  names. 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  95 

The  roll  was  called,  and Kill  No. tiiially  passed"  by  the 

following  vote : 

EXPLAXATORT  NOTE. 

'Or  House. 
-Or  Mr. 

^Or  other  presidiiis  officer. 
*Or  chief  clerk. 
'Or  Assembly. 
'"Or  other  action. 
^Or  refused  passage. 


(Form.> 

CASE    OF     URGENCY. 

(Appropriation    Bill.) 

The  following  resolution  was  offered: 
By  Senator^ : 

Resolved,  That liill  No. presents  a  case  of  urgency  as  that  term 

is  used  in  section  1.")  of  arricle  IV  of  the  Constitution  and  the  provisions  of  that 
section  retjuiring  that  each  bill  shall  be  read  on  three  several  days  in  each  house  is 
hereby  dispensed  with,  and  it  is  ordered  that  said  hill  lie  now  rend  the  second  time, 
and  placed  upon  its  passage. 

Resolution  read. 

The  question  being  on  tlie  adoption  of  tlie  re.solution. 

The  roll  was  called,  and  the  resolution  adopted  by  the  following  vote : 

Ayes — Senators ,    etc.      (Requires   at   least 

twenty-seven  votes  in  the  Senate  or  fifty-four  votes  in  the  Assembly.) 

AVhereupon.  the  President-  declared  the  provisions  of  section  15  of 
article  IV  of  tlie  Constitution  suspended  for  the  [)urpose  of  considering 
at  this  time Bill  No. 

Bill  No. — An  Act  making  an  apin-opi'ialion.  etc. 

Bill  read  second  tiim'.  considei'cd  cngi'ossed  and  ordered  on  third- 
reading  file. 

Bill    ]-ead   tliii'd   time. 

The  question  being  on  the  passage  of  the  l)ill. 

The  roll  was  called,  and Bill  No. pas.sed  by  the  follow- 
ing vote  : 

'ROLL  CALL.)  I  Kequires  at  least  1went> -seven  votes  in  the  Senate  or 
fifty-four  v(jtes  in   the  Assembly.) 

'I'itle  read  and  ai)|)ro\'e(|. 

Bill  ordered  transmitted  to  the  Assendily'. 

:\Pr-AXATOKV    NOTE. 

'Or  Mr. 

-T)r  other   jiresiding  otticei-. 

'Or  Senate. 

'If  the  hill  be  for  Ilie  i>r.si-iva(  ion  ..f  the  iiuiilic  peai.-.  1i.m1i!i  ..'•  ■.^.O.m  iIi.i. 
instil  at  this  point : 

Sefiion .  set  I  i  in:  forih  the  urgency  clMiise.  read. 

'I'he  rpiestion  beiot.'.  ■'Shall  this  section,  setting  forth  lli>'  urgen.y  i.nnir.s  oi  iinn 
liill.  bf  passed?" 

'I'Ih-   roll    was   calli-d.   and    the   urgency   section    passed    by    thi-    f4db>wiiig   vole: 

.\VKs — Senators otc,    (He(piir<'s  at    least    Iwenly-scveii   votes   in 

ilie  Seiiiite  or  fifty-four  votes  in  the  Asseinbly. » 


90  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    242. 

(Form.) 

SPECIAL    ORDER. 

Senator' itiovetl  that Bill  No. ho  made  a 

special  order  for day, ,  19__.  immediately  after  the 

rt^ailiiiy  of  the  .lournal. 

Also: 

Senator' moved    that    the    further    consideration    of    the 

motion  to  reconsider  the  vote  whereby Bill  No. was 

passed.-'  he  made  a  special  order  for o'clock,  on dav, 

19__. 

.Motion  carried. 

EXPI,A.V.\TORY    NOTE. 

'Or  Mr. 

=()r  rcfiisod   passajro. 

SEC.    243. 

(Form.) 

SPECIAL   ORDER    RESET. 

On  motitm  of  Senator^ the  consideration  of Bill 

No. and Bill  No. heretofore  set  as  special  orders  foi- 

this  time,  were  reset  as  special  orders  for  consideration  at 

o'clock  and minntes  on dav. 19 

Also : 

On  motion  of  Senator^ the  consideration  of Bill 

No. Avas  reset  as  a  si)ecial  order  for  consideration  at 

o'clock  and minntes  on day, 19 

EXPI.ANATor.Y   NOTE. 

'Or  Mr. 


SEC.    244. 

(Form.) 

CONSIDERATION     OF    SPECIAL    ORDER. 

The  hour  having  arrived  for  the  consideration  of Bill 

No. heretofore  set  as  a  special  order  for o'clock  and 

minntes m.,  the  same  Avas  taken  up  for  consideration. 

]^ill  No. —An  Act,  etc. 


SEC.    245. 

(Form.) 

RECALL    OF    BILL    FROM     COMMITTEE. 

S.Miator^ moved  that Bill  No. be  recalled 

from  the  Committee  on ,  and  that  it  be  forthwith  taken  up 

for  CO nsi deration. - 

^lotion  carried.  j 

EXPr.ANATORY  XOTE.  | 

\<h-  Mr.  I 

"Or  placed  on   file.  ' 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  97 

SEC.    246. 

RECALL    OF    BILLS    FROM     PRINT.' 

Senator- moved  that Bill  No. he  riH-alk'*] 

from   i>rint''    for   the   pnrpo.so   of   resfindin^'   aini'iulments   adopteil   on 


^Motion  cari'ied. 
Also : 

FROM  ENGROSSMENT. 

Senator- moved  that Bill  No. be  recalled 

from  eno'ros.sim'iit  for  the  purpose  of  rescinding  amendments  adopted 

on and   that    the  same  be  restored  to   ils  ])l;n'c  on   tlie 

second-reading  tile. 

]\Iotion  carried. 

Also: 

FROM    ASSEMBLY. 

Senator- moved  that Bill  No. be  recalled 

from  the  Asseml)ly,  for  purpose  of  reconsideration. 
Motion  carried. 

EXPLAXATORY  NOTE. 

'Or  from  eua:rossmont  or  from  the  Assembly. 

=0r  Mr. 

"Or  furtlK'r  nnioiulment. 


SEC.   247. 

("Form.) 

FORMER    ACTION    RECONSIDERED. 

Senator' moved    a    reconsideration    of   the    Vdte    wherelty 

Bills  Xos. and were  referred  to  s[)eciMl  coimnittees 

{or  amendment,  that  the  said  committees  be  discharged,  and  that  such 
previous  aetinu  he  expunged  fi'om  the  I'ccords. 

^Motion  earried.  and  the  records  oi'dered  so  corrected. 

P)ills  Di'diTril  on  thii'd-i-eMding  lile. 

SEC.    248. 

(  l'"nrm.  ) 

FORMER     ACTION     RESCINDED. 

Senator' )noved   lli;i)    llie  adion  taken   \\y  llie  Senalc-  on 

day. ,  IJ)--,  in  amending Bill  No. 

undc!'  speei;il  instructions,  he  i-cscinded  iind  lluit  sikIi  ruriiici-  ai-liou  he 
expunged  from  the  j-eeords. 

-Motion  cari'icd.  imd  siicli  \\;is  tlie  ordi-r. 

Also: 

Senator' nio\c<i  tliat  Bills  .\ns.   ,  and  l»e 

ree}illed  from  print.  en;,M'essmeiit  iiud  lhir<l  r<adini;,  mid  l»e  icslmed  lo 
the  seiond-reading  lile  for  riirllier-  consideral  i(»n  :  and  tlial  sm-li  former 
refei-eiiecs  in  the  records  he  made  to  read:  '■()n  motion  of  Senator' 
{{ill  ,\o.     _    was  passed  on  lile." 

Motion  carrij'd,  and  sueli  was  the  order. 

EXI-r.ANAT'il'V   .ST>TK. 

'Or  .Mr. 

'Or  Ass.Miil.lv. 
7-  Ifis.'l 


98  LEGISLATIVE    MANUAL   AND    FORM    BOOK. 

SEC.   249. 

UNANIMOUS  CONSENT  GRANTED. 

Senator^ asked  for.  and  was  (granted,  unaninioiis  consent  to 

take  np  out  of  the  rey'ular  order,  for  tlie  purpose  of  anienduKMit 

Bill  No. 

EXPLAXATORV  NOTE. 

^Or  Mr. 

PART  11.     AFTER  PASSAGE  IN  THE  HOUSE  OP  ORIGIN. 

SEC.    250. 

NOTICES    TO     BE     IN     WRITING     UNDER     PROPER    SIGNATURES. 

Notice  of  the  action  of  either  House  to  the  other  shall  he  in  writing, 
and  under  the  signature  of  the  Secretary  or  Clerk  of  the  House  from 
which  such  notice  is  to  he  conveyed.     {Joint  Ride  No.  20.) 


SEC.  251. 

SECRETARY,  CLERK,  ETC.,  TO  CARRY  MESSAGES. 

Messages  shall  be  sent  by  the  Secretary,  Clerk,  or  by  such  person  as  a 
sense  of  propriety  of  each  House  mav  determine  to  be  proper.  {Joint 
Rule  No.  19.) 


SEC.    252. 

EACH     HOUSE    TO    TRANSMIT     PAPERS. 

Each  House  shall  transmit  to  the  other  papers  on  which  any  bill  or 
resolution  shall  be  founded.     {Joint  Ride  No.  5.) 


SEC.    253. 

MESSAGES  MUST  BE  ANNOUNCED  BY  THE  SERGEANT- AT- ARMS. 

AVhen  a  message  shall  be  sent  from  either  House  it  shall  be  announced 
at  the  door  by  the  Sergeant-at-Arms.  and  .shall  l^e  resjiectfully  com- 
municated to  the  presidino-  officer  bv  the  person  l)v  whom  it  ujav  1)e  sent. 
{Joint  Ride  No.  18.)  ^' 


MESSENGERS  MAY  BE  INTRODUCED. 

Messenger  may  be  introduced  at  any  stage  of  l)usiness  except  while  a 
'ciuestion  is  being  put.  while  the  ayes  and  noes  are  lieing  call«^d.  wliile  the 
ballots  are  being  counted,  or  while  a  member  is  addressing  the  House 
{Senate  Rule  No.  62.     Assembly  Rule  No.  5.) 


SEC.    255. 

MESSAGES    FROM    THE    OTHER    HOUSE. 

^Messages  from  the  other  house  may  l)e  considered  at  any  time  liy  vote 
of  the  House  receiving  same.  {Senate  Rule  No.  62.  Assembly  Ride 
No.  4.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  99 

SEC.    256. 

BILLS     READ     AND     REFERRED    TO    COMMITTEE. 

When  a  Senate  hill  has  Ix  i^ii  rectMved  l)y  the  Assembly  or  an  Ass('nil)l\' 
l)ill  hy  the  Senate,  ^vith  a  iiiessaiie  ann()niuin>>'  that  the  same  has  )ta.«sed 
the  Senate  or  Assembly,  sneh  hill  shall  be  read  the  tirst  time  by  the 
Secretary  or  Clerk  and  referred  to  a  standing  committee,  nnless  other- 
wise ordered  by  the  Honse.      (Joint  Rule  Xo.  9.) 

SEC.    257. 

AFTER    A    BILL    HAS    BEEN    PASSED    BY    THE    SENATE   OR    ASSEMBLY. 

When  a  bill  (if  it  be  a  Senate  bill)  has  been  received  from  the  Sen- 
ate by  the  As.sembly.  after  its  passage,  or  (if  it  be  an  Assembly  liill) 
has  been  received  from  the  Assembly  l)y  the  Senate  after  its  passage, 
it  shall  be  taken  np  by  the  Senate  or  Assembly,  as  the  case  may  be, 
under  the  regular  order  of  business  ("Senate  messages"  or  "Assembly 
messages"),  read  the  first  time,  unless  otherwise  ordered  by  the  House, 
and  shall  then  be  assigned  to  the  proper  committee,  unless  otherwise 
ordered,  who  shall  act  ui>on  the  same  as  soon  as  ])racti('al)le.  and  i'('i)()rt 
the  same  back  to  the  Senate  or  Assembly  forthwith,  and  the  chairman 
of  each  committee  is  charged  with  observance  of  this  rule:  itrnvulrd. 
that  the  Senate  or  Assembly  may,  at  any  time  order  such  bill  reported 
back  from  any  committee  by  a  majority  vote.     {Joint  Rule  So.  11.) 


SEC     258 

DISPOSITION     OF    ASSEMBLY     BILLS. 

When  an  Assembly  bill  has  been  received  by  the  Senate,  with  a 
message  announcing  tliat  it  has  passed  the  Assembly,  such  bill  sliall  i»e 
read  the  first  time  and  be  reterred  by  the  President  to  a  standing  com- 
mittee; prorubd.  lujircr*  r.  that  wlieii  ;in  A.ssembly  bill  is  received,  the 
text  of  which  is  stated  by  a  member  lo  l)e  idenlical  with  that  ol'  a 
Senate  bill.  Avhich  has  already  Ikm-ii  lonsideiu'd  and  i-epoi-ted  by  a  stand- 
ing committee  of  the  Senate,  such  ,\sseinl)l.\  I'ill  shall  be  refei-red  to 
the  Committee  on  EngrossuK-nt  and  Knrnllinent  foi-  conipi'ri-;!'!!.  which 
connnittee  shall  rei>ort  without  delay,  whethei-  m-  not  su'-ji  lull  is 
identical  with  the  Senat--  bill.  IT  i'c|i(ii'1e<l  identical,  sudi  .\ss<'iiibl\- 
bill  shall  be  substituted  Ini  llic  Senate  bill,  sliall  take  its  phirr  du  the 
.second-reading-  file  and  be  considered  as  having  i-ei-eived  the  same  <'om- 
rtiittee  recommendation  as  the  Senate  bill:  jtrovithd.  that  tin-  fact  that 
he  bills  are  identical  shall  be  entered  in  the  Jourtial.  Such  Senate  bill 
shall  therr'Upon  be  placed  upon  the  tile  of  inilinished  luisitM's^         N'  *"//' 


SEC.    259. 

DISPOSITION     OF     SENATE     BILLS. 

Wli.ii  ;i  Senate  bill  has  been  received  b\  the  llou.se  with  a  messaue 
announcing  that  the  same  ha>  passed  the  Senate,  such  bill  vliall  lie 
i-eferred  to  a  standing  committee;  funrith  il.  Innnn  r,  that  wlieii  a  Sen- 
ate bill   is  receivcfl   the  pr(tvisioris  of  wliidi  ai-e  stated   b\    ;i    ■ :' '" 


100  LEGISLATIVE    MANUAL    AXD   FORM    BOOK. 

be  identical  with  those  of  an  Assembly  bill  which  has  already  been  con- 
sidered and  reported  by  a  committee  of  the  Assembly,  such  Senate 
bill  shall  be  referred  to  the  Committee  on  Engrossment  and  Enrollment 
for  comparison,  which  committee  sliall  report  on  the  next  legislative  day. 
whether  or  not  said  bill  is  identical  with  the  Assemljly  bill:  and  if 
reported  identical,  shall  be  read  the  second  time,  be  substituted  for  the 
Assembly  bill  (the  latter  being  considered  withdrawn)  shall  take  the 
latter  "s  place  on  the  Assembly  tile,  and  be  considered  as  having-  received 
the  same  recommendation  of  the  Assembly  committee ;  provided,  that 
the  fact  that  the  bills  are  identical  shall  he  entered  in  the  Journal. 
(Assembly  Rule  No.  9.) 


SEC.    260. 

BILL    OR    RESOLUTION    IN    ONE    HOUSE,    REJECTED    IN    THE    OTHER, 

REQUIRES    NOTICE. 

When  a  bill  or  resolution  which  shall  have  passed  one  House  is 
rejected  by  the  other,  notice  thereof  shall  be  given  immediately  to  the 
House  in  wliich  the  same  shall  have  passed.     (Joint  Rule  Xo.  4.) 


SEC.    261. 

(Form.) 

MESSAGES    FROM    THE    ASSEMBLY.' 

The  following  messages  from  the  Assembly^  were  taken  up  and  read : 

Assembly'  Chamber.  Sacramento.  March  25,  1915. 
Mr.  President^  :   I  am  directed  to  iuform  your  honorable  body  that  the  Assembly' 

on  this  dav  passed  Assembly'  Bill  No. — Au  Act.  etc. 

Also  :  Assembly'  Bill  No. — Au  Act. 

Also:   As.semblv'  Bill  No. — Au  Act. 

Also  :   Assembly'  Bill  No. — Au  Act. 

_._ Chief  Clerk  of  Assembly. 

By ..  A-ssistaut  Clerk. 

A.ssemblyi  Bill  No. read  first  time,  and  referred  to  Committee 

on 

As.sembly'  Bill  Xo. read  first  time,  and  referred  to  Connnittee 

on 

As.sembly'  Bill  Xo. read  first  time,  and  referred  to  Committee 

on 

A.ssembly'  Bill  Xo. read  first  time,  and  referred  to  Committee 

on 

Also:  .       _ 

Saceamexto.  March  "J.j.  191.). 

;Mr.  Presidext:  I  am  directed  to  inform  your  honorable  body  that  the  Assembly 

ou  this  dav  adopted  Assembly'  Concurrent  Resolution  No. — Providing;  for  the 

appointment   of  a  committee  to  devise  au  improved  method  of  handling  bills  after 

introduction.  ^       „   ^,     ,      „    . 

Chief  Clerk  of  Assembly. 

By Assistant  Clerk. 

Resolution  referred  to  Committee  on  Rules. 

EXrL.\X.\TOi:Y    XOTE. 

'Or  Senate. 

"Or  other  presiding  officer. 


LEGISLATIVE   ilAXUAL   AND   FORM    BOOK.  101 

SEC.   262. 

(Form.) 

MESSAGES    FROM    THE    ASSEM  BLY'— (OUT    OF    ORDER). 

On  motion  of  Senator- the  following  messages  from  the 

Assembly^  were  taken  np  and  read,  out  of  the  regular  order: 

A.ssEMBLY^  Chamber.  Sacramento,  April  2,  1915. 
Mr.  President":  I  am  directed  to  inform  your  honorable  body  that  the  Assembly' 

on  this  day  passed  Senate'  Bill  Xo. — An  Act, 

^ — ,  Chief  Clerk  of  As.«embly. 

By ,  Assistant  Clerk, 

Senate*  Bill  No. ordered  to  enrollment. 

Also : 

Sacramento,  April  2.  lOl-^. 
Mr.  President":  I  am  directed  to  inform  your  honorable  body  that  the  Assembly* 

on  this  day  passed  Assembly-  Bill  Xo. — An  Act. 

Also:  Assembly-  Bill   Xo. — An  Act. 

Also:  Assembly"  Bill   Xo. — An  Act. 

Also:  Assembly-  Bill   Xo. — An  Act. 

,  Chief  Clerk  of  Assembly, 

By ,  Assistant  Clerk, 

Assembly^  Bills  Xos. and read  first  time,  and  referred 

to  Committee  on 

Assembly^  Bill  Xo. read  fir.st  time,  and  referred  to  Cominittee 

on 

Assembly^  Bill  N^o. read  first  tiiiit'.  and  referred  to  Committee 

on 

EXPLAXATORY    NOTE. 

'Or  Senate. 

=0r  Mr, 

"Or  other  presiding  officer, 

*0r  Assembly. 


I  Form.  I 
WITHDRAWAL    OF    COMPANION     BILL, 

Senator^ a.*^ked  for  and   was  granted  nnanimous  consent 

to  withdraw  from  the  filf  Senate-  Bill  Xo. it  being  identical  with 

A.ssembly'  Bill  Xo. ,  now  before  the  Senate,- 

Senate-  Bill  Xo. ordered  witluh-awn  and  stricken  fi-nm  tlu-  tile, 

EXPLAXATORY  XOTE, 

'Or  Mr. 

-Or  Assembly. 
^Or  Senate. 


102  LEGISLATIVE    MANUAL    AXD    FORM    BOOK. 


CHAPTER  VI. 

AMENDMENTS    AND    CONFERENCES. 
CiiAi'TEu  Contents. 

I'ART    L       AMKNDMENT.S. 

Sec.  2tj4.   SiilistitiiU'   regarded  as  aiiieudment.      ( As.senibly   rule.) 

Sec.   '2i'>~>.  Anii-ndments   and   substitutes — ^When   in   order.      (.Senate   rule.) 

Sec.   JCfi.   Ani('ndment.s   and   substitutes — -Must    be   germane.      (.Senate    rule;    Assem- 
bly rule.) 

Sec.  :.'<)T.   Least   sum   and   sbortest    time   in    fillini;-  blank.s.      (Senate   rule;    Assembly 
rule.) 

Sec.  2(jS.  Amendment  of  bills   requiring    two-thirds   vote.      (Senate   rule.) 

Sec.  20'.t.  Amendment  to  original  question.      (Senate  rule.) 

Sec.  270.   No  amendment  on  tbird  readins:-.  but  may  commit.      (Senate  rule;  Assem- 
bly rule. ) 

Sec.  2TL   Amendments  to  amended  bills  nuist  l)e  attached.      (.Toint  rule.) 

See.  272.  To  concur  or  refuse  to  concur  in  amendments.      (.Joint  rule.) 

Sec.  27o.   Second  reading  of  bills.      (Form.) 

Sec.  274.   Second  reading  of   bills    (out   of  order  I.      (Form.  I 

Sec.  275.  Amendments   from    the    floor.      (Form.) 

Sec.  27<>.  Second  reading  of  bill  (out  of  order).      (Form.) 

Sec.  277.  Motion  to  refer  to  special  committee  of  one.      (Form.) 

Sec.  27S.  Reference  to  special   committee   of   one    ( on    recommendation    of  standing 
committee ) .      ( Form. ) 

Sec.  279.  Title  amended.      (Form.) 

Sec.  2.S0.  Former  action  reconsidered.      ( Form,  i 

Sec.  281.  Former   action   rescinded.      (Form.) 

Sec.  2S2.  Message  fi'om  the  Assembly.      (Form.) 

Sec.  283.  Consideration  of  Assembly  amendments   (out  of  order).      (Form.) 

Sec.  2S4.  Message    from    the    A.ssembly      (requesting     Senate     to     recede     from     its 
a  mendments ) .      ( Form. ) 

Part    II.     Conferences. 

Sec.  285.  When  Senate  or  Assembly  refuses  to  concur.      (.Joint  rule.) 

Sec.  2SG.  Committee  on  conference.     (Joint  rule.) 

Sec.  287.  Committee  on  free  conference.      (Joint  rule.) 

Sec.  288.   When  conference  committee  report  i.s  in  order.      ("Joint  rule.) 

Sec.  289.  Appointment  of  committee  on  conference.      (Form.) 

Sec.  290.  Report  of  committee  on  conference.      (  Form. ) 

Sec.  291.  Committee  on  free  conference  appointed.      (Form.) 

Sec.  292.  Report  of  committee  on  free  conference.      (Form.) 

PART  I.     AMENDMENTS. 

SEC     264 

SUBSTITUTE   REGARDED   AS  AMENDMENT. 

A  motioii  to  substitute  shall  be  deemed  aud  held  to  be  a  motion  to 
amend,  and  be  treated  in  all  respects  as  such.    {Assemhly  Rule  No.  50.) 

SEC.    265. 

AMENDMENTS  AND  SUBSTITUTES— WH  EN    IN   ORDER. 

Substitutes  may  be  offered  at  any  time  when  a  bill  or  resolution  is 
open  to  amendment,  previous  to  engrossment ;  and  when  adopted  shall 
take  the  place  of  the  original  bill  or  resolution,  and  shall  be  open  to 
amendment.     (Senate  Rnle  No.  46.) 


LEGISLATIVE   MAXUAL   AND   FORM   BOOK.  103 

SEC.    266. 

AMENDMENTS  AND  SUBSTITUTES— MUST  BE  GERMANE. 

A  substitute  or  amendment  must  relate  to  the  same  subject  as  the  orig- 
inal bill,  resolution  or  constitutional  amendment  under  consideration. 
{Senate  Ixule  Xc).  -il.     Assembly  Bule  No.  51.) 


SEC.   267. 

LEAST    SUM    AND    SHORTEST    TIME    IN    FILLING    BLANKS. 

In  tilling  up  blanks,  the  least  sum  or  number  and  the  shortest  time 
shall  be  put  first.     {Senate  Bnle  Xo.  48.     Assembly  Kule  No.  55.) 

SEC.    268. 

AMENDMENT  OF  BILLS  REQUIRING  TWO-THIRDS  VOTE. 

A  constitutional  amendment  or  bill  requiring  a  vote  of  two-thirds 
of  the  members  elected  to  the  Senate  for  final  adoption  or  passage  may 
be  amended  liy  a  majority  of  those  voting.      {Senate  BnJe  No.  49. ) 


SEC.    269. 

AMENDMENT  TO   ORIGINAL   QUESTION. 

An  amendment  maj^  be  laid  on  the  table  without  prejudice  to  the 
bill.  "When  an  amendment  proposed  to  any  pending  measure  shall  be 
laid  on  the  table,  it  shall  not  carry  with  it  or  prejudice  such  measure. 

If  the  question  in  debate  contains  several  propositions,  any  Senator 
may  have  the  same  divided;  except  a  motion  to  strike  out  and  insert 
shall  not  be  divided.  The  rejection  of  a  motion  to  strike  out  and  insert 
one  proposition  shall  not  prevent  a  motion  to  strike  out  and  insert  a 
different  proposition,  nor  shall  it  prevent  a  motion  to  simply  strike  out, 
nor  shall  the  rejection  of  a  motion  to  strike  out  prevent  a  motion  to 
strike  out  and  insert ;  but  pending  a  motion  to  strike  out  and  insert,  the 
part  to  be  stricken  out  and  the  part  to  be  inserted  shall  each  be  regarded, 
for  the  purpose  of  amendment,  as  a  question.  Motions  to  amend  the 
part  to  l)e  stricken  out  shall  have  precedence.     {Senate  Rule  No.  54.) 


SEC.    270. 

NO    AMENDMENT   ON    THIRD    READING.    BUT    MAY   COMMIT. 

No  amendment  shall  be  received  for  discussion  at  the  tliird  reading  of 
any  bill;  ])ut  it  shall  at  all  times  be  in  order.  l)cfore  the  final  j)assagc  of 
such  Ijill,  to  move  its  commitment  under  special  instructions  to  amend. 
{Senate  Huh  No.  55.     Assembly  liule  No.  13.) 


SEC.    271. 

AMENDMENTS  TO   AMENDED    BILLS    MUST    BE   ATTACHED. 

Whencvci-  a  l)ill  oi-  rrsoliition  which  shall  have'  hct-n  passed  in  one 
house  shall  be  amended  in  th(,'  oilier  i1  shall  iiiniiedialely  he  repi-inled 
a.s   anietided    li\-    the   house   makiuL'  such    anieiidineiit   or   amendments. 


104  LEGISLATIVE   MANUAL   AXD   FORM   BOOK. 

Such  amendment  or  amendments  shall  be  attached  to  the  bill  or  resolu- 
tion so  amended,  and  indorsed  "Adopted,"  and  such  amendment  or 
nmeudments,  if  concurred  in  by  the  house  in  which  such  bill  or  resolu- 
tion originated,  shall  be  indorsed  "Concurred  in,"  and  such  indorse- 
ment shall  be  signed  by  the  Secretary  or  Assistant  Secretary  of  the 
Senate,  or  the  Clerk  or  Assistant  Clerk  of  the  Assembly,  as  the  ease 
mav  be.     {Joint  Eule  No.  8.) 


SEC.    272. 

TO    CONCUR    OR    REFUSE   TO    CONCUR    IN    AMENDMENTS. 

In  case  the  Senate  amend  and  pass  an  Assembly  bill,  or  the  Assembly 
amend  and  pass  a  Senate  bill,  the  Senate  (if  it  be  a  Senate  bill)  or  the 
Assembly  (if  it  be  an  Assembly  bill)  must  either  "concur"  or  "refuse 
to  concur"  in  the  amendments.  If  the  Senate  concur  (if  it  be  a  Senate 
bill),  or  the  Assembly  concur  (if  it  be  an  Assembly  bill),  the  Secretary 
or  Clerk  shall  notify  the  house  making  the  amendments,  and  the  bill 
shall  be  ordered  to  enrollment.     (Joint  Eule  No.  13.) 


SEC.    273. 

(Form.) 

SECOND    READING   OF    BILLS. 

Bill  Xo. —An  Act,  etc. 

COMMITTEE  AMENDMENTS. 

During  the  second  reading  of  the  bill,  the  following  committee  amend- 
ments were  offered : 

AMEXDMEXT    XUMEEK    ONE. 

Oil  pase Hue strike  out  the  words  " " 

aud  iusert  iu  lieu  thereof  the  following:   '" " 

Amendment  adopted. 

a:mexdment  number  two. 
On  page etc. 

Amendment  adopted. 

SEC.    274. 

(Form.) 

SECOND  READING  OF BILLS— (OUT  OF  ORDER). 

On  motion  of  Senator^ the  second-reading  file  of 

bills  was  taken  up.  out  of  the  regular  order. 

Bill  No.  -  — 

COMMITTEE  AMENDMENTS. 

During  the  second  reading  of  the  bill,  the  following  eonnviittee  amend- 
ments were  offered : 

AMEXUMEXT    XUMCER   OXE. 

On  page ,  section ,  line after  the  word insert 

the  following: 

Amendment  adopted. 

Bill  read  the  second  time,  and  ordered  to  print,  engrossment  and  third 
reading. 

EXPLANATORY  XOTE. 

'Or  :Mr. 


LEGISLATIVE   MANUAL   AND   FORM    BOOK.  105 

SEC.   275. 

(Form.) 

AMENDMENTS    FROM    FLOOR. 

During  the  second  reading  of  the  bill,  the  following  amendments  Avere 
offered  and  their  adoption  moved  by  Senator^ : 

AMENDilEXT    NUMBER    ONE. 

Ou  page  1,  in  Hue  9  of  the  printed  bill,  strike  out  the  words  "' "' 

and  insert  in  lien   thereof  the  following:   " ". 

Amendment  adopted. 

AMENDMENT    DUMBER    TWO.     (ETC.) 
EXPLAXATORY  NOTE. 

'Or  Mr. 


SEC.   276. 

(  Form. ) 

SECOND    READING    OF    BILL— (OUT   OF   ORDER). 

Senator^ asked  for.  and  was  granted,  unanimous 

consent   to   take   up    for   second   readino>   out   of   the   regular   order, 
Bill  No. 

EXPI.AXATORT    NOTE. 

"Or  Mr. 


SEC.   277. 

CFonn.) 

MOTION    TO    REFER   TO    SPECIAL    COMMITTEE    OF    ONE. 

During  third  reading  of  the  bill.  Senator^ moved 

to  refer Bill  No. to  Senator^ as 

a  Special  Committee  of  One,  to  amend  as  follows : 

AMENDMENT   NUMBER  ONE. 

By  striking  out  of  ])age ,  line .  of  printed  bill,  the  word , 

and  inserting  in  lieu  thereof  the  word 

AMENDMENT    NUMBER    TWO. 

By  striking  out  of  i)age ,  lines and the  word , 

and  insert  in  lieu  thereof  the  word 

.Motion  carried. 


REPORT    OF    SPECIAL    COMMITTEE    OF    ONE. 

Mr.  I'residoiil- :   Your  Six'oial  Comniittcc  of  One.  to  which  was  referred 

iiill   No. .   with   instructions   to  annnd.   respectfully   reports   the   same   back, 

amended  as  per  instructions. 

,  Committee. 

l\c])ort  read,  and  on  motion  of  Senator^ adopted. 

I->ill  ordered  to  print  and  re-cngrossmeiit. 

EXPLANATORY    NOTE. 

'Or  Mr. 

-Or  .Mr.  Spffikor. 


106  LEGISLATIVE   MANUAL   AND   FORM    BOOK, 

SEC.    278. 

(Form.) 

REFERENCE   TO   SPECIAL    COMMITTEE    OF    ONE. 

(Oil  ivcoiunit'udautui  of  Standing  Committee.) 

Sacramento.  Marcli  20.  1915. 

Mi:.  1'ke.^iuext' :  Your  Committee  on ,  to  wliich  was  referred 

Senato-  Bill  No. — An  Act — has  had  the  same  under  con- 
sideration and  reports  the  same  back  with  recommendation  that  it  be  referred  to  a 
Special  Committee  of  One  to  amend  as  follows: 

AilENDMEXT    NUMBER    ONE. 

lu  line ,  pase after  the  word  " ".  insert  the  words  " "'. 

,   Chairman. 

Report  adopted. 

APPOINTMENT   OP   SPECIAL   COMMITTEE  OF  ONE. 

AYhereiipon  the  President^  appointed  Senator^ a  Special 

Committee  of  One  to  amend  Senate-  Bill  No. in  accordance  with 

the  above  report. 

REPORT    OF    SPECIAL    COMMITTEE   OF    ONE. 

Senate^  Chamber.  SacPvAMEnto.  March  29.  191.".. 

Mr    President^  :  Your  Special  Committee  of  One.  to  which  was  referred  Senate 

Bill   No. with   instructions  to  amend,  respectfully  reports  the  same  back. 

amended  as  per  instructions. 

.  Committee. 

Report  read  and,  on  motion  of  Senator^ ,  adopted. 

Bill  ordered  to  print  and  re-engrossment. 

EXPLANATORY    NOTE. 

'Or  other  presiding-  officer. 
-Or  Assembly. 
=Or  Mr. 


SEC.    279.  ,^  , 

( Form. ) 

TITLE    AMENDED. 

Senator^   moved  to   amend  the  title  of  Senate"  Bill 

Xo. by  adding  thereto  the  following:  " " 

Amendment  adopted. 

Title,  as  amended,  read  and  approved. 

Bill  ordered  to  print  and  re-eng-rossment.  and  transmitted  to  the 
Assemblv. 

X.  B.— 1'his  procedure  used  only  on  third  reading  and  after  passage 

of  the  bill. 

EXPLANATORY  NOTE. 

'Or  Mr. 


SEC.    280. 

(  I'  ■ji-m.) 

FORMER    ACTION     RECONSIDERED. 

Senator^ moved  a  reconsideration  of  the  vote  Avhereby 

Bills  Nos and were  referred  to  special  com- 
mittees for  amendment,  that  the  said  committees  be  discharged,  and  that 
such  previous  action  be  expunged  from  the  records. 

Motion  carried,  and  the  records  ordered  so  corrected. 

Bills  ordered  on  third-reading  file. 


LEGISLATIVE   MANUAL   AND    FORM    BOOK.  107 

SEC.    281. 

(Form.") 

FORMER   ACTION    RESCINDED. 

Senator^ moved  that  the  action  taken  by  the  Senate- 

on day. ,  19__.  in  amending Bill 

Xo. under  special  instructions,  be  rescinded  and  that  such  former 

action  be  expunged  from  the  records. 

^Motion  carried,  and  such  was  the  order. 

Also : 

Senator^ moved  that Bills  Nos. _-_ 

and be  recalled  from  print,  engrossment  and  third  reading. 

and  be  restored  to  the  second-reading  tile  for  further  consideration ;  and 
that  such  former  references  in  the  records  be  made  to  read:  "Passed  on 
file  for  further  consideration." 

Motion  carried,  and  such  was  the  order. 

EXPLAXATORT    XOTE. 

'Or  Mr. 

-Of  Assembly. 

SEC.    282. 

(Form.) 

MESSAGE    FROM   THE   ASSEMBLY. 
(Asking  concurrence  in  amendment.) 

The  following  message  from  the  Assembly^  wa.s  taken  up  and  read : 
Assemuly'  Chamber.  Sacramento.  April  1.  lOl.j. 
:Mk    President:  I  am  directed  to  inform  your  liouorablo  body  that  the  Assembly' 

amended,   and   on   this   day   passed   as  amended.   Senate^  Bill   No. — An  Act 

And  n-siiectfully  asks  that  the  amendments  be  concurred  in. 

,  Chief  Clerk'  of  Assembly.' 

By ,  Assistant  Clerk.^ 

CONSIDERATION   OF   ASSEMBLY   AMENDMENTS. 

The   Senate-   took   up   for  consideration   Assembly'    MinriMliiHiils   to 

Senate-  Bill  No. 

Senate  Bill  No. —An  Act.  etc. 

ASSEMBLY^  AMENDMENTS  TO  SEN.VTE'  BILL  NUMBER^ 

amexdment  number  one. 
In  line of  the  title,  strike  out  the  followins: :   " " 

amendment    NIMIJEU  TWO. 

Ou  paffo line strike  out  the  words  " " 

The  question  being.  "Shall  the  Senate-  concur  in  Assembly^  amend- 
ments to  Senate-  Bill  No. ? " 

The  roll  was  called,  and  Assembly^  ameiidmeiits  to  Senate-  Bill 
No were  concun-ed'  in  by  the  following  vole: 

Ayks — Senators* 

Noes — Senators* ' 

Senate-  Bill  No ordered  to  enfolliiien!. 

E.XIM.A.VATOIIY    .NOTK. 

'Or  Senate. 

-Or  Asseniitly. 

"Or  Secretary. 

•Or  .M.ssrs. 

■''Or  refused  coneiirreni-e. 


108  LEGISLATIVE   MAXUAL   AND   FORM   BOOK, 

SEC.   283. 

(Form.) 

CONSIDERATION     OF     ASSEMBLY    AMENDMENTS— (OUT    OF    ORDER). 

On  motion  of  Senator^ the  Senate-  took  up  for  con- 
sideration Assembly  amendments  to  Senate  bills,  out  of  the  regular 
order. 

EXPLANATORY  XOTE. 

'Or  Mr. 

-Or  Assembly  took  up  for  consideration   Senate  amendments  to  Assembly  bills. 


SEC.    284. 

(Form.) 

MESSAGE    FROM   THE   ASSEMBLY.^ 

(Requesting    Senate'  to    recede   from    its    amendments.) 

Assembly^  Chamber.  Saceamexto, ,  19 

Mr.  President^  :  I  am  directed  to  inform  your  honorable  body  that  the  Assem- 
bly' on  this  day  refused  to  concur  in  Senate-  amendments  to  Assembly'  Bill  No. , 

and  respectfully  requests  that  the   Senate"  recede  from  the  same. 

,   Chief   Clerk*  of   Assembly.^ 

By .    Assistant    Clerk.* 

Senator* moved  that  the  Senate-  recede  from  Senate- 
amendments  to  Assembly^  Bill  No. ^ 

The  ciuestion  being.  "Shall  the  Senate-  recede  from  Senate-  amend- 
ments to  Assembly^  Bill  No. ?" 

The  roll  was  called,  and  the  Senate-  refused  to  recede*^  from  Senate^ 
amendments  to  Assembly^  Bill  Xo. by  the  following  vote: 

Ayes — Senators'    ,    ,    etc. 

Noes — Senators'    ,    ,    etc. 

The  Secretary"  was  directed  to  notify  the  Assembly^  of  the  Senate 's- 
refusaP'^  to  recede. 

EXPLANATORY  NOTE. 

^Or  Senate. 

"Or  Assembly. 

'Or  Speaker. 

^Or  Mr. 

"In  some  instances  this  procedure  is  had  without  a  motion  from  the  floor,  the 
presiding  officer  putting  the  question  without  special  authorization.  In  this  event 
these  two  lines  "should  be  omitted. 

"Or  receded. 

'Or  Messrs. 

^Or  Secretary. 

"Or  Chief  Clerk. 

■""Or  decision. 


PART  II.     CONFERENCES. 

SEC.    285. 

WHEN  SENATE  OR  ASSEMBLY  REFUSES  TO  CONCUR. 

If  the  Senate  refuse  to  concur  (if  it  be  a  Senate  bill) .  or  the  Assembly 
refuse  to  concur  (if  it  be  an  Assembly  bill),  the  Secretary,  or  Clerk,  shall 
notify  the  house  making  the  amendments  of  such  refusal  and  ask  that 
they  recede  fi-om  their  amendments.  If  they  refuse  to  recede,  the 
presiding  officer  shall  appoint  a  committee  of  three  (3)  on  conference 
and  the  Secretary,  or  Clerk,  shall  immediately  notify  the  other  house  of 
the  action  taken  and  request  the  appointment  of  a  like  committee.  Two 
of  the  members  comprising  such  committee  from  each  house  shall  be 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  109 

selected  from  those  voting  with  the  majority  on  the  point  about  Avhieh 
the  ditt'erenee  has  arisen,  and  the  other  member  from  each  house  of 
such  committee  shall  be  selected  from  the  minority,  in  the  event  there 
is  a  minority  vote.  The  first  Senator  named  on  the  conference  com- 
mittee shall  act  as  chairman  of  the  conunittee  from  the  Senate,  and 
the  first  Assemblyman  named  on  such  committee  shall  act  as  chairman 
of  the  committee  from  the  House,  and  the  chairmen  thus  selected  shall 
arrange  the  time  and  place  of  all  meetings  and  prepare  or  direct  the 
preparation  of  reports.  The  committee  on  conference  shall  report  to 
both  the  Senate  and  Assemblv.      (Joint  Hide  Xo.  14.) 


SEC.    286. 

COMMITTEE   ON    CONFERENCE. 

In  every  case  of  an  amendment  of  a  bill  agreed  to  in  one  house  and 
dissented  from  in  the  other,  if  either  house  shall  request  a  conference 
and  appoint  a  committee  to  confer,  the  other  house  shall  appoint  a 
like  committee;  and  such  committee  shall  meet  at  a  convenient  hour, 
to  be  agreed  upon  by  the  respective  chairmen  of  the  committees. 
{Joint  BuU  Xo.  15.) 


cpc     287 

COMMITTEE  ON  FREE  CONFERENCE. 

If  the  conference  fail  to  agree  or  either  house  refuse  to  adopt  the 
report  of  the  committee,  a  committee  on  free  conference  shall  then  be 
appointed,  which  shall  consist  of  three  members  from  each  house,  to 
be  constituted  and  appointed  in  the  same  manner  as  a  committee  on 
conference.  The  committee  on  free  conference  is  hereby  directed  to 
include  in  its  report  any  amendments  which  it  may  adopt  as  a  com- 
mittee, and  such  amendments  shall  l)e  attached  to  the  bill. 

The  report  of  the  committee  on  free  conference  shall  not  be  subject 
to  auK^ndment,  and  if  either  house  refuse  to  adopt  such  re]iort,  the 
conferees  may  1)('  discharged  and  ather  conferees  appointed.  [It  sliall 
requirt-  the  affirmative  vote  of  not  less  than  four  of  the  meml)ers  con- 
stituting the  committee  to  agree  upDii  a  report.] 

Xo  member  who  has  served  on   a   (•(unmittce  on  conrcrence  shall   be 

appointed  a  member  of  a  comniiltcc  on  fr •(uifci-ciice  on  the  same  hill. 

(Joint  Hull   Xo.  Ki.i 


SEC.    288. 

WHEN    CONFERENCE    COMMITTEE    REPORT    IS    IN    ORDER. 

The  })i'esentati(in  ol'  llie  rei)oi-1  of  a  comiiiil  1i'''  oii  eonrcreiici'  or 
free  conference  shall  always  be  in  order,  except  when  ihc  .lounial  is 
being  read  or  a  (|uestion  <if  order  or  a  motion  1o  adjourn  is  peiidiiii:. 
or  dMrintr  roll  call.  and.  when  received,  the  (|Mestion  of  proceeding 
to  the  consideration  of  the  re|)ort.  if  raised,  sliall  I)e  immediately  passvd 
upon,   anri   slnill    !..•   drtrnniiKMl    without    debate.      (Joint    h'nli    Xo.    17.) 


110  LEGISLATIVE   MANUAL    AND   FORM    BOOK.  ' 

SEC.   2£9. 

(Form.) 

APPOINTMENT    OF    COMMITTEE    ON     CONFERENCE. 

The  President'  annonnecd  tlic  apiioiiitnieiit  of  Senators- , 

and as  a  Conniiittee  on  Conference, 

to  meet  with  a  like  committee  from  the  Assembly-'  to  consider  Senate* 
amendments  to  Asseml)ly'  Bill  Xo. 

EXPLANATORY  NOTE. 

'Or  other  presiding  officer. 
"Or  Messrs. 
^Or  Senate. 
*0r  Assembly. 


SEC.   290. 

(  i  nrm.) 

REPORT    OF    COMMITTEE    ON    CONFERENCE. 

The  following  report  was  ree(^ived  and  read: 

Senate'  Chamber,   Sacramento,   May  0,   10-_. 

Mr.   Presii>ent=  :   Your  Committee  on  Conference  concerning Bill 

jS'o. — An  Act,  etc. — reports  that  we  have  met  a  like  committee  of  the  Assembly." 

consisting  of  Assemblymen' and and  we 

report  that  the   Conference   Committee   is   nnable   to   agree."  and   recommend   that   a 
Committee  on  Free  Conference  lie  appointed. 


Committee  on  Conference. 
Report  of  Committee  on  Conference  accepted. 

Committee  discharged,  and,  on  motion,  the  entire  subject  matter  Avas 
referred  to  a  committee  on  free  conference  to  be  appointed  by  the  Chair. 

X.B. — When  committee  is  agreed,  then  the  recommendation  of  the 
committee  is  (1)  that  the  Senate^  recede  from  its  amendments  (if  it 
he  an  Assembly'  bill),  or  (2)  that  the  Senate^  concur  in  the  Assembly" 
amendments  (if  it  be  a  Senate^  liill)  the  procedure  is  as  follows: 

Keport  read. 

The  question  being  on  the  adoption  of  the  report. 

The  roll  was  called,  and  the  report  adopted"  by  the  following  vote : 

(ROLL    CALL.) 

Senate^   Bill  No.   and  report  of  Conniiittee  on   Conference, 

ordered  tran.smitted  to  the  Assembly. - 

EXPLANATORY   NOTE. 

'Or  Assembly. 

-Or  Speaker. 

"Or  Senate. 

■•Or  Senators.  -.si 

"^In  the  event  that  the  committee  agrees  the  recommendation  will  be  (1)  that  the 
house  which  amended  recede,  or  (2)  that  the  house  in  Avhich  the  1)111  originated 
concur  in  the  amendments. 

"Or  rejected. 


SEC.   291. 

(  !-'orm. ) 

COMMITTEE    ON     FREE    CONFERENCE    APPOINTED. 

The  President*  announced  the  appointment  of  Senators"' , 

and   as  a  committee  on  free  conference  to  meet 


LEGISLATIVE   MAXI'AL    AND    FORM    BOOK.  ■  111 

Avitli   a   like   eommitteo   from  the  AsseiHl)ly'-   for  the   considevatioii   of 

Senate'  Bill  No. 

The  Secretary  was  directed  to  notify  the  Assembly-  of  the  Senate  V 
appointment  of  C'ommittee  on  Free  Conference. 

EXPI.AXATORr  NOTE. 

'Or  Assembly. 

"Or  Senate. 

"Or  ^Messrs. 

■•Or  other  presiding  officer. 


SEC.   2?2. 

(■Form.) 

REPORT  OF  COMMITTEE  ON  FREE  CONFERENCE. 

The  following  report  was  received  and  read : 

Senate'  Cu.vmber.  Sacuamento.  May  it.  I'*--- 

Mr.  President-:  Your  Committee  on  Free  Couference  courorninu. Bill 

Xo. — An  Act.  etc. — reports  that  we  have  met  a  like  committee  of  the  Assembly.^ 

consisting  of  Assemblymen* ami 

and  we   report    that  the   Free  Conference  Committee  agreed  upon   and   recommends 
that   the    followiu^-   amendments  be  adopted : 

AMENDMENT    NUMBER    ONE. 

Amend  the  title  of  the  printed  bill  by  striking  out  all  of  linos and of 

I  he  title  and  inserting  in  lieti  thereof  the  following: 

AMENDMENT    Nl'MRER    TWO. 

Strike  out  all  of  the  printed  bill  from  and  including  line  paue  lo  and 

inchidiu!;  line page 

AMENDMENT    NIMHEK    TllKKK. 

On  page of  the  printed  bill,  strike  out  all  of  svciion and  iiiscri    in  Himi 

thereof  the  following: 
Section 

AMENDMENT    NXMUEK    EOUK. 

On    page .    strike    out    all    of    section    and    iiiscri    in    lie\i    tlicreof    ilie 

following : 

Section   

AMENDMENT    NU.MIJER    El\  E. 

On  ]<:^'J:<■ of  the  printed  bill,  strike  out  all  of  section 


Assembly  Committee  on  Free  Conferenci 


Senate  Committee  nn  Free  Conferem-e. 

'J'hc  (|U('stioii  liciiig  1)11  the  adopt  ion  of  the  n-jxtrt  of  the  romiiiithH- 
on   Frt'C  ('onfcrencc  and  tlic  amciidni<-nls. 

The  roll  was  called,  and  th<'  rt-port  of  llic  ( 'oiniiiillir  (ui  Kn-c  Con- 
ference and  the  iinieiidnienls  inloiilcd'  l»y  the  following:   \o1r: 

(KOF.L  CAr>L.j 

Senate'      liill   Xo. and   report   n\'  Coniniitt hi    \-'\-rr  Cunrei-- 

ence  ordered  transnnt1e(|"  lo  the  ,\.ss(Miil)|y.' 

K.\r'I.ANAT()UY   NOTE. 

'Or  .\sseinbly. 
-Or   Speaker. 

■Or    SeiiJile. 

M  >r  Senators. 

■(  tv   reji-cled. 

'■(»r      (in     the     event      Ihal      llie     .\ssenil>l\      li:i~     ;iiii.mI>      .i'i"l     .ilei      ....li,      ., i,-     .,  i  . 

favorable)    to  enrollment. 


112  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

CHAPTER  VII. 

MOTIONS,    DEBATES    AND    VOTING. 

Chapter  Contents. 
Part  1.     Motions. 
t<C'C.  J'.io.  Cases  not  provided  for.  Robert  to  govern.      (Senate  rule;  Assembly  rule.) 
Sec.  294.  Protest  of  members.      (Assembly  rule.) 
Sec.  '2Q'>.  Executive  ses.sion.      (Senate   rule.) 
Sec.  20(j.  Question  indefinitely  postponed.      (Assembly  rule.) 
Sec.  207.  Division  of  questions.      (Assembly  rule.) 
Sec.  298.  Motion-s  to  be  stated  by  Speaker,  and  if  desired  shall  be  reduced  to  writin?. 

or  may  be  withdraAvu.      (Assembly  rule.) 
Sec.  299.  Motion  to  adjourn.      (Assembly  rule.) 
Sec.  300.  Notice  of  reconsideration.      (Assembly  rule.) 
Sec.  301.  Reconsideration  of  bills  sent  to  Assembly.      (Senate  rule.) 
Sec.  302.  Secretary,  upon  notice  of  reconsideration,  not  to  report  bill  to  Assembly. 

( Senate  rule. ) 
Sec.  .303.  Motion  to  reconsider  may  be  debated.      (Senate  rule.) 
Sec.  .304.  Question  of  personal  privilege.      (Form.) 
Sec.  30.5.  Point  of  order.      (Form.) 

Sec.  30G.  Appeal  from  the  deci.'sion  of  the  chair.      (Form.) 
Sec.  .307.  Motion  to  lay  on  the  table.      (Form.) 
Sec.  308.  Notice  of  motion  to  adopt  i*esolution.      (Form.) 
Sec.  309.  Notice  of  motion  to  reconsider.      (Form.) 

Sec.  310.  Motion  to  reconsider.      (On  day  subsequent  to  vote.)      (Form.) 
Sec.  311.  Resolution.      (Appropriation  money.) 
Sec.  312.  Resolution.      (Form.) 
Sec.  313.  Motion  withdrawn.      (Form.) 

Part  II.     Debates. 

Sec.  314.  Decorum  and  debate.      (Senate  rule.) 

Sec.  31.").  Senator  entitled  to  floor.      (Senate  rule.) 

Sec.  31(!.  Senator,  when  called  to  order,  must  sit  down.      (Senate  rule.) 

Sec.  317.  Precedence  of  questions  in  debate.      (Senate  rule.) 

Sec.  318.  Motion  not  to  be  debated  until  seconded  and  announced.      (Senate  rule.) 

Sec.  319.  Reading  of  a  paper,  if  objected  to.  determined  without  debate.      (Senate 
rule.) 

Sec.  320.   Form  of  previous  question — Call  of  Senate.      (Senate  rule.) 

Sec.  321.  Order  in  speaking  to  questions.      (Assembly  rule.) 

Speaker  to  decide  who  is  entitled  to  the  place.     (Assembly  rule.) 

Calling  members  to  order  when  transgressing  rules.      (Assembly  rule.) 

Calling  to  order  for  offensive  words  in  debate.      (Assembly  rule.) 

Previous  question  demanded.      (Assembly  rule.) 

Previous  question.      (Assembly  rule.) 

Questions  of  order  after  previous  question  is  ordered.      (Assembly  rule.) 

Precedence  of  motions  during  debate.      (Assembly  rule.) 

Debate   not   allowable   when.      (Assembly   rule.) 

Personal   explanation.      (Assembly   rule.) 

Part  III.     Voting. 

Voting  on  bills,  etc.      (Constitution.) 

Necessary  votes  on  Senate  actions. 
Sec.  333.  Necessary  vote.s  on  Assembly  actions. 

Sec.  .333A.  Lieutenant  Governor  to  have  casting  vote.      (Constitution.) 
Sec.  .334.  Elections  bv  Legislature  to  be  r/r«  voce.      (Constitution.) 


Sec. 

322. 

Sec. 

323. 

Sec. 

324. 

Sec. 

32.5. 

Sec. 

.320. 

See. 

327. 

Sec. 

.328. 

Sec. 

329. 

Sec. 

33<;». 

Sec. 

.331. 

Sec. 

332. 

LEGISLATIVE   MANUAL    AND   FORM    BOOK.  113 

Sec.  33o.  Ayt's   and   noes — Members   must   nnswor — No   vote   after  aunouiicemeut  of 

vote.      (Senate  rule.) 
Sec.  330.  Excuse   from   votins'.      (Senate   rule.) 
Sec.  337.  Election  by  hoii.>;e.      (Assembly  rule.) 
Sec.  .338.  Calling  ayes  and  noes.      (Assembly  rule.) 
Sec.  339.  Meud)ers  at  Clerk's  de.sk.      (Assembly  rule.) 
Sec.  340.  Voting  on   question    when   interested.      (Assembly   rule.) 
Sec.  341.  Division  and  count  of  house.      (Assembly  rule.) 
Sec.  342.  Explaining-  or  changing  vote.      (Assembly  rule.) 
Sec.  343.  Call  of  the  house.      (Assembly  rule.) 
Sec.  344.  Roll  call  ordered.      (Form.  I 
Sec.  34.").  Division  of  the  question. 
Sec.  340.  Ayes  and  noes  demanded.      (Form.) 
Sec.  347.   Explanation  of  vote.      (Form. » 
Sec.  34S.  Excused  from  voting.      (Form.) 


PART  I.     :\rOTIONS. 

SEC.  293. 

CASES  NOT  PROVIDED  FOR,  ROBERT  TO  GOVERN. 

In  all  eases  not  provided  for  in  the  rules  of  the  two  houses,  the 
authority  shall  be  Robert's  Rules  of  Order.  (Senate  Ride  No.  65. 
Assembly  Rule  Xo.  70.) 


SEC.    294. 

PROTEST   OF    MEMBERS. 

It  shall  be  in  order  for  any  member  or  members  to  protest  against 
the  action  of  the  house,  and  have  such  protest  entered  in  the  Journal. 
^Assembly  RuU  No.  73.) 


SEC.    295. 

EXECUTIVE   SESSION. 

When  a  motion  is  adopted  to  close  the  doors  of  the  Senate,  on  the 
discussion  of  any  business,  which  may,  in  the  opinion  of  the  Senate, 
require  an  executive  session,   the   President  shall   recpiire  all   persons 

•  'xcept  the  Senatoi-s.  President  of  the  Senate,  Secretary  and  Sergeant- 
at-Arms  to  withdraw,  and  (lurinf?  the  discussion  of  said  business,  the 

•  loors  shall  remain  dosed.  Every  S(;natf)r  and  officer  present  shall 
keep  secret  all  matters  and  prt>('<'(Mlin<^s  eoncei-iiinj^:  which  secrecy  sliall 
be  enjoint'd  by  ordci-  of  tin-  Senate.      {Senate  Rule  No.  61.) 


SEC.    296. 

QUESTION    INDEFINITELY    POSTPONED. 

When  a  question  is  postponetl  indciiiiitfly,  Hie  same  shall  not  again 
]•(•  inf  r-orliicfd  iliiiiriir  tin-  session.      ( Asst  niltl  y  Rule  No.  48.) 


»— 16821 


114  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.    297. 

DIVISION   OF  QUESTIONS. 

Any  member  may  call  for  a  division  of  the  question,  which  shall  be 
divided  if  it  comprehend  propositions  in  substance  so  distinct  that, 
one  being  taken  away,  a  substantive  proposition  shall  remain  for  the 
decision  of  the  house.  A  motion  to  strike  out  being  lost,  shall  preclude 
neither  a  motion  to  add  to  nor  a  motion  to  strike  out  and  insert. 
{ Assembly  Rule  No.  49.) 

SEC.    298. 

MOTIONS  TO    BE    STATED    BY   SPEAKER,   AND    IF    DESIRED   SHALL    BE 
REDUCED   TO    WRITING,   OR    MAY    BE    WITHDRAWN. 

No  motion  shall  be  debated  until  the  same  be  seconded  and  distinctly 
announced  by  the  Speaker;  and  it  shall  be  reduced  to  writing,  if 
desired  by  the  Speaker,  or  any  member,  and  be  read  by  the  Clerk, 
before  the  same  shall  be  debated.  A  motion  may  be  withdrawn,  by 
leave  of  the  house,  at  any  time  before  amendment  or  decision. 
{Assembly  Rule  No.  42.) 


SEC.    299. 

MOTION   TO   ADJOURN. 

A  motion  to  adjourn  shall  always  be  in  order,  except  during  roll 
call.  The  Clerk  shall  enter  on  the  Journal  the  name  of  any  member 
moving  an  adjournment,  also  the  hour  at  which  the  motion  was  made 
and  adjournment  taken. 

When  a  motion  is  made  and  seconded  to  adjourn,  it  shall  be  in 
order  for  the  Speaker,  before  putting  the  question,  to  permit  any 
member  to  state  any  fact  to  the  house  relating  to  the  condition  of  the 
business  of  the  house  which  would  seem  to  render  it  improper  to 
adjourn  at  that  time.  Such  statement,  however,  shall  not  be  debatable, 
and  such  statement  or  statements  shall  not,  in  any  case,  occupy  more 
than  two  minutes.     {Assembly  Rule  No.  43.) 


SEC.    300. 

NOTICE  OF   RECONSIDERATION. 

On  the  day  succeeding  that  on  which  a  final  vote  on  any  bill,  eon- 
current  or  joint  resolution,  or  constitutional  amendment  has  been 
taken,  said  vote  may  be  reconsidered  on  motion  of  any  member ;  pro- 
vided, notice  of  intention  to  move  such  reconsideration  shall  have  been 
given  on  the  day  on  which  such  final  vote  was  taken,  by  a  Senator 
voting  with  the  prevailing  side ;  and  it  shall  not  be  in  order  to  recon- 
sider on  the  day  on  which  such  final  vote  was  taken.  Said  motion  for 
reconsideration  shall  have  precedence  over  every  other  motion,  except 
a  motion  to  adjourn.  It  shall  require  a  majority  vote  to  carry  any 
motion  to  reconsider  the  vote  by  which  an3^  bill,  concurrent  or  joint 
resolution  has  been  passed  or  defeated,  and  a  two-thirds  majority  to 
carry  any  motion  to  reconsider  the  vote  by  which  any  constitutional 
amendment  has  been  passed  or  defeated.  Notice  of  reconsideration 
shall  not  be  in  order  on  the  day  preceding  the  last  day  of  the  session. 
(Senate  Rule  No.  50.     Assembly  Rule  No.  58.) 


LEGISLATIVE   MANUAL   AND   FORM    BOOK.  115 

SEC.    301. 

RECONSIDERATION   OF    BILLS   SENT   TO   ASSEMBLY. 

"When  a  liill,  resolution,  amendment,  order  or  message  upon  which  a 
vote  has  been  taken  shall  have  gone  out  of  the  possession  of  the  Senate 
and  been  communicated  to  the  Assembly,  a  motion  to  reconsider  shall 
be  preceded  by  a  motion  to  request  the  Assembly  to  return  the  same, 
which  last-named  motion  shall  be  acted  upon  immediately  and  without 
debate,  and  if  determined  in  the  negative,  shall  be  a  final  disposition  of 
the  motion  to  reconsider.     (Senate  Rule  Xo.  51.) 

SEC.  302. 

SECRETARY,  UPON  NOTICE  OF  RECONSIDERATION,  NOT  TO  REPORT 

BILL  TO  ASSEMBLY. 

If  a  Senator  gives  notice  that  he  intends  to  move  a  reconsideration, 
the  Secretary  shall  not  transmit  the  bill,  concurrent  or  joint  resolution, 
01-  constitutional  amendment  to  the  Assembly  till  the  reconsideration 
i.s  disposed  of.  or  the  time  for  moving  the  same  has  expired,  unless  the 
bill  or  resolution  has  already  been  transmitted  to  the  Assembly. 
(Senate  Bide  No.  52.) 


SEC.  303. 

MOTION  TO  RECONSIDER  MAY  BE  DEBATED. 

A  Senator,  after  a  notice  to  reconsider  is  given,  as  provided  in  Rule 
50,  may,  at  the  reconsideration  thereof,  present  the  main  question  in 
his  argument  thereon,  and  the  same  may  be  debated  by  the  Senate 
7)rovided  that  the  subject-matter  is  de])atable.     (Senate  Rule  No.  53.) 


SEC.  304. 

(Form.) 

QUESTION    OF    PERSONAL    PRIVILEGE. 

Senator^ arose  to  a  question  of  personal  privilege 

and  addressed  the  Senate-  as  follows: 

EXPLANATORY  NOTE. 

■Or  Mr. 

^Or  Assembly. 


<  Form.) 
POINT    OF    ORDER. 

Senator' i-aised  the  point  <kf  order  thai  "The 

motion  to  reconsider  had  not  been  made,  l)nt  only  notice  of  motion  to 
recou.sider  given. "' 

DIX'ISIOX  O.V  I'OLNT  OF  OUDFK. 

Till'  l'ii-si(|fiit-'  annonneed  his  decision  and  deehired  llie  point  of  order 
well  taken. 


116  LEGISLATIVE   MANUAL    AND   FORM   BOOK. 

Also)  : 

POINT  OP'  ORDER. 

Senator^ raised  the  poiut  of  order  that  "The  sub- 
ject-matter of  the  resolution,  having  reference  to  a  Federal  matter, 
could  not  be  referred  to  any  committee  other  than  Federal  Relations." 

DECISION  ON  POINT  OF  ORDER. 

The  President-  announced  his  decision  and  declared  the  point  of 
order  not  well  taken. 

EXPLANATORY  NOTE. 

"Or  Mr. 

"Or  other  presiding:  officer. 


SEC.   306. 

(Form.) 

APPEAL    FROM   THE    DECISION    OF   THE    CHAIR. 

Senator^ appealed  from  the  decision  of  the  chair. 

The  President-  put  the  question,  ' '  Shall  the  decision  of  the  President- 
stand  as  the  decision  of  the  Senate^?" 

The  roll  was  called,  and  the  decision  of  the  President-  sustained*  by 
the  following  vote : 

(ROLL    CALL.) 

EXPLANATORY   NOTE. 

^Or  Mr. 

"Or  other  presiding  officer. 

^Or  Assembly. 

*Or  overruled. 


SEC.    307. 

(Form.) 

MOTION    TO    LAY   ON    THE   TABLE. 

Senator^ moved  that Resolu- 
tion No. be  laid  on  the  table. 

The  question  being  on  the  motion  to  lay  on  the  table. 

The  roll  was  called,  and Resolution  No. 

ordered  laid  on  the  table  by  the  following  vote : 

(roll  call.) 

EXPLANATORY  NOTE. 

"Or  Mr. 


(Form.) 
NOTICE   OF    MOTION   TO   ADOPT    RESOLUTION. 

Senator^ gave  notice  that  on day, 

,    19 ,    immediately    after   the    disposition    of    the 

special  order  already  set,  he  will  move  the  adoption  of  the  above  reso- 
lution changing  the  standing  rules  of  the  Senate.- 

EXPLAXATORY  NOTE. 

;^0r  Mr. 

-Or  Assembly. 


LEGISLATIVE   MANUAL    AND   FORM    BOOK.  117 

SEC.   309. 

(  Fdrin. ) 

NOTICE   OF   MOTION  TO    RECONSIDER. 

Senator^   gave  notice  that  on  the  next  legislative 

day  he  would  move  to  reconsider  the  vote  hy  which Bill 

No. was  refused  passage. - 

EXPLAXATORY  NOTE. 

-■Or  Mr. 

-Or  was  passed. 

SEC.    310. 

(  Form. ) 

MOTION    TO    RECONSIDER. 
(On   Day  Subsequent  to  Vote.) 

Pursuant  to  his  notice  given  on  a  previous  day.  Senator^ 

moved  to  reconsider  the  vote  whereby Bill  No. — An 

Act,  etc. — was  passed. - 

The  question  being  on  the  motion  to  reconsider. 

The  roll  was  called,  and  the  motion  to  reconsider  the  vote  whereby 
Bill  No. was  pas.sed-  carried'  liy  the  following  vote: 

(roll  call.)  (To  recon.sider  a  bill  or  joint  or  concurrent  resolution 
there  are  required  twenty-one  votes  in  the  Senate  and  forty-one  votes  in 
the  Assembly:  to  reconsider  a  constitutional  amendment  there  are 
required  twenty-seven  votes  in  the  Senate  and  fifty-four  votes  in  the 
Assembly. ) 

("When  motion  to  reconsider  is  carried. ' 

The  (luestion  being  on  the  pa.ssage  of  the  bill. 

The  roll  was  called,  and l^ill  Xu. passed-  by  the 

following  vote : 

(roll  call.) 

Also : 

On  motion  of  Senatm-' , Bill  No 

was  ordered  recfnnmitted  to  the  Committee  on 

Also : 

On  motion  of  Senator' , Bill  Xo 

was  ordered  to  the  third-reading  file. 

ALS(; — (On  same  daij)  : 

Senator'   moved   a    i-eeoiisiderat ion   of   the  vote   l»y 

which  the  resolution  of  Senator' was  refen-ed  !<•  Ih-- 

('ommittee  on 

K.VFI.ANATOltV    NOTE. 

'Or  Mr. 

-Or   refused    jiassage. 

H)r   lost. 


118  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

SEC.    311. 

(Form.) 

RESOLUTION. 

(Appropriating   Money.) 

The  following  resolution  was  offered: 

By  Senator^ : 

Resolved,  etc.  (appropriating  money  but  not  for  contingent  expense). 
Resolution  read. 

Senator^ moved  that  the  resolution  be  adopted. 

The  question  being  on  the  adoption  of  the  resolution. 

The  roll  was  called,  and  the  resolution  adopted  by  the  following  vote : 

(roll  call.) 

Also  : 

The  following  resolution  was  offered : 

By  Committee  on  Contingent  Expenses: 

Resolved,     That  the  Controller  be,  and  he  is  hereby,  authorized  and  directed  to 
draw  his  warrant  on  the  contingent  fund  of  the  Senate  in  favor  of  the  various  firms 
or  person.s  named  below  for  the  amounts  set  opposite  their  names  as  per  itemized 
statements  bereiu,  and  the  State  Treasurer  is  hereby  directed  to  pay  the  same. 
Engrossing    and    Enrolling    Clerk — - 

1  No.  221  VL  filing  stand .$28  35 

;^00  No.  631  folders 4  02 

300  No.  4.51-3  blank  guides 3  00 

2  locks   for   stand 2  00 

.$37  37 


General  use — 

1    doz.    type    brushes $90 

rpnt  of  13  typewriter  tables  for  month  of  January —  6  50 

rent  of  23  typewriters  for  month  of  .January. _ (59  00 

Telephone  &  Telegraph  Ce- 
rent of  5  stations  to  February  1 .$4  .jO 


S?rgeant-at-Arms  and  Pages — 

19  badges  Cft  .$1.00 $19  00 

G  badges  Co).  $.75 4  50 

General  use — ■ 

1  3x5  card  index   outfit $2  00 

1   time    book 50 

1  favorite    file 90 

1  No.  .3  stamp  pad 35 

1  doz.  band  daters 75 

1  No.  511  I-P  loose  leaf  book  and  fillers,  complete —  2  33 


$76  40 
$4  50 

$23  50 


$6  S3 


Total $148  60 

,   Chairrhan. 

Resolution  read. 

Senator moved  that  the  resolution  be  adopted. 

The  roll  was  called,  and  the  resolution  adopted  by  the  following  vote 

Ayes — Senators    


Noes — • 

EXPL.^KATORT   NOTE. 

'Or  Mr. 


LEGISLATIVE   MANUAL    AXD   FORM   BOOK.  119 

SEC.   312. 

(Form.) 

RESOLUTION. 

The  following  resolutiou  was  offered : 
By  Senator^ : 

Resolved,  etc. 

Resolution  read  and  on  motion  adopted. 

EXPLANATORY  NOTE. 

^Or  Mr. 


SEC.    313. 

(Form.) 

MOTION    WITHDRAWN. 

Senator^ withdrew  his  motion  to  recall 

l^ill  No. from  the  Committee  on 

EXPLAXATORT  NOTE. 

'Or  Mr. 


PART  II.     DEBATES. 

DECORUM    AND    DEBATE. 

1.  When  a  Senator  desires  to  address  the  Senate  he  shall  rise  in  his 
place,  address  the  President,  and  when  recognized  he  shall  proceed  to 
speak. 

2.  No  Senator  shall  speak  more  than  twice  in  any  one  debate  on  the 
same  day.  and  at  the  same  stage  of  the  bill,  without  leave;  and  Senators 
who  have  once  spoken  shall  not  again  be  entitled  to  the  floor  (except 
for  explanation)  so  long  as  any  Senator  wlio  has  not  spoken  desires 
to  speak. 

3.  No  Senator  shall  be  interrupted  when  speaking,  and  no  question 
shall  be  asked  him  except  those  through  the  presiding  officer. 

4.  The  author  of  a  bill,  motion,  or  resolution  shall  have  the  privilege 
of  clo-sing  the  debate.     (Senate  Rule  No.  17.) 


®^^'  ^^  ■  SENATOR  ENTITLED  TO  FLOOR. 

AVhcn  two  or  mon*  Senators  ari.sc  at  tbc  .same  time  to  addrcs.s  the 
Senate,  the  presiding  oflicer  sliall  designate  tlie  Senator  who  is  entitled 
to  the  floor.     (Senate  Rule  Xo.  18.) 


SEC.    316. 

SENATOR,    WHEN     CALLED    TO    ORDER.    MUST    SIT    DOWN. 

When  a  Senator  shall  be  ealled  to  order  In'  shall  sit  down  \iiitil  the 
President  shall  have  determined  whether  he  is  in  order  or  not ;  and 
every  question  of  order  shall  be  decided  by  tiie  rrcsident.  sul)jeet  to  an 
appeal  to  the  Senate  by  any  Senator. 

If  a  Senator  be  called  to  order  for  words  spoken,  the  objectionable 
language  shall  immediately  be  taken  down  in  \vi-itiiig  by  th«'  S.-cretary 
of  the  Senate.      (Soiuir  Ruir  No.  V.).) 


120  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

SEC.    317. 

PRECEDENCE  OF  QUESTIONS   IN    DEBATE. 

When  a  question  is  under  debate,  no  motion  shall  be  received  but 
the  followiiig  privileged  questions,  which  shall  have  precedence  in  the 
following  order: 

1.  To  adjourn. 

2.  For  a  call  of  the  Senate. 

3.  To  lay  on  the  table. 

4.  To  postpone  to  a  day  certain. 
5    To  commit. 

6.  To  amend. 

7.  To  postpone  indefinitely.      (Senate  Rule  No.  43.) 


SEC.    318. 

MOTION    NOT  TO   BE   DEBATED   UNTIL  SECONDED   AND   ANNOUNCED. 

No  motion  shall  be  debated  until  the  same  be  seconded  and  distinctly 
announced  by  the  President;  and  it  shall  be  reduced  to  writing  if 
desired  by  the  President  or  any  Senator,  and  read  by  the  Secretary, 
before  the  same  shall  be  debated.     (Senate  Rule  No.  44.) 


SEC.   319. 

READING    OF    A    PAPER,    IF    OBJECTED    TO.    DETERMINED    WITHOUT 

DEBATE. 

When  the  reading  of  a  paper  (except  a  petition)  is  called  for,  and 
the  same  is  objected  to  by  any  Senator,  the  question  shall  be  determined 
by  a  vote  of  the  Senate.     (Senate  Rule  No.  45.) 


SEC.  320. 

FORM  OF  PREVIOUS  QUESTION— CALL  OF  SENATE. 

The  previous  question  shall  be  put  in  the  following  form:  "Shall 
the  question  be  now  put  ? "  It  shall  only  be  admitted  Avhen  demanded 
by  a  majority  of  the  Senators  present  upon  division;  and  its  effect 
shall  be  to  put  an  end  to  all  debate  except  that  the  author  of  the  bill 
or  the  amendments  shall  have  the  right  to  close,  and  the  question  under 
discussion  shall  thereupon  be  immediately  put  to  a  vote.  On  a  motion 
for  the  previoiLS  question  prior  to  a  vote  being  taken  by  the  Senate,  a 
call  of  the  Senate  shall  be  in  order.     (Senate  Rule  No.  57.) 


SEC     321 

ORDER    IN   SPEAKING  TO  QUESTIONS. 

Every  member,  when  he  speaks,  shall,  standing  in  his  place,  address 
•'Mr.  Speaker,"  and  when  he  has  finished  he  shall  sit  down.  No 
member  shall  speak  more  than  twice  during  the  consideration  of  any 
one  question,  of  whatever  nature,  on  the  same  day  and  at  the  same 
stage  of  proceedings,  without  leave  being  granted,  except  the  author 
of  a  bill  or  resolution,  or  mover  of  a  question,  who  shall  have  the  right 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  121 

to  close  the  debate.  No  member  shall  be  allo\ved  to  speak  more  than 
fifteen  minutes  upon  any  question  except  by  leave  of  the  house,  and 
except  further,  the  author  shall  be  allowed  fifteen  minutes  to  open  and 
fifteen  minutes  to  close.     {Assembly  Bide  Xo.  39.) 


SEC.    322. 

SPEAKER   TO    DECIDE    WHO    IS    ENTITLED   TO    THE    PLACE. 

When  two  or  more  members  shall  rise  at  once,  the  Speaker  shall 
name  the  niember  who  is  first  to  speak.      (Assembly  Rule  No.  38.) 

SEC.    323. 

CALLING    MEMBERS    TO    ORDER    WHEN    TRANSGRESSING    RULES. 

If  any  member,  in  speaking  or  otherwise,  transgresses  the  rules  of  the 
hoiLse.  the  Speaker  shall,  or  any  member  may.  call  to  order;  in  which 
case  the  member  so  called  to  order  shall  immediately  sit  down,  unless 
permitted  to  explain ;  and  if  called  to  order  by  a  member,  such  member 
shall  immediately  state  the  point  of  order.  If  the  point  of  order  be 
r.ustained  by  the  Chair,  the  member  shall  not  be  allowed  to  proceed; 
but  if  it  be'not  sustained,  then  he  shall  be  permitted  to  go  on.  Every 
such  decision  from  the  Chair  shall  be  subject  to  an  appeal  to  the  house, 
but  no  discussion  of  a  question  of  order  shall  be  allowed,  unless  an 
appeal  be  taken  from  the  decision  of  the  Cliair.  {Assembly  Rule 
Xo.  37.) 


SEC.    324. 

CALLING   TO   ORDER    FOR   OFFENSIVE   WORDS    IN    DEBATE. 

If  any  mem))ci-  Ix-  called  to  order  for  offensive  words  spoken  in 
debate,  tlie  person  calling  him  to  order  sliall  report  the  words  excepted 
to,  and  they  shall  be  taken  down  in  writing  at  the  Clerk's  table;  and 
no  member  shall  be  held  to  answer,  or  be  subject  to  censure  of  the 
house,  for  language  used  in  debate,  if  any  member  lias  spoken  or  other 
business  Iihs  intervened  after  the  words  spoken  and  before  exc('i)tit)n 
to  tlicin  sliall  have  been  taken.      (Assonbly  Rule  Xo.  40.) 


SEC.    325. 

PREVIOUS    QUESTION     DEMANDED. 

Tlic   prcviou.s   (|ii('sti(jn  shall    be   |>iit    (Hily    w  Ikmi   dciiuiiidi'd    by    tlir.'.- 
iiKMiibcrs.      (Assembly  Rule  Xo.  47.) 


^^^'   ^""  PREVIOUS   QUESTION. 

Tile  previous  (|Wes1ion  sliall  In-  in  lliis  toi-iii  :  'Shall  llic  m.im  m""-^; 
lion  Ix-  now  i)ut?"  And  ils  viXn-t.  wIkmi  sustain. -d  by  a  iiiajonly  of 
the  mcMilM'rs  present,  sliall  he  t«i  put  an  end  l<.  all  dehale  and  bring  thi; 
hou.se  to  a  vole  en  the  (|iiesti(»n  or  (pie.stions  hefure  it.  (Asstmbhi 
Rule  Xo.  45. 


122  LEGISLATIVE    MANUAL    AXD    FORM    BOOK. 

SEC.  327. 

QUESTIONS  OF  ORDER  AFTER   PREVIOUS  QUESTION    IS  ORDERED. 

All  incidental  questions  of  order  arising  after  a  motion  is  ]nade  for 
the  previous  question,  and  pending  such  motion  or  previous  question, 
shall  be  decided  (whether  on  appeal  or  otherwise)  without  debate; 
provided,  that  after  the  previous  question  shall  have  been  ordered,  ten 
minutes  shall  be  allowed  for  explanation  of  the  matters  covered  by  the 
previous  question,  of  which  tive  minutes  shall  be  given  to  the  member 
moving  the  previous  question  and  five  minutes  to  those  apposed  thereto. 
(Assembly  Rule  Xo.  46.) 


SEC.    328. 

PRECEDENCE  OF   MOTIONS   DURING   DEBATE. 

When  a  question  is  under  debate,  or  before  the  house,  no  motion 
5hall  be  received  but:  To  adjourn;  to  lay  on  the  table;  for  the  previous 
question ;  to  postpone  to  a  day  certain ;  to  commit  or  amend ;  to  post- 
pone indefinitely ;  Avhicli  several  motions  shall  have  precedence  in  the 
order  in  which  they  are  named,  but  the  first  three  shall  be  decided 
without  debate ;  and  no  motion  to  postpone  to  a  day  certain,  to  commit, 
or  to  postpone  indefinitely,  being  clecided.  shall  again  be  allowed  on  the 
same  day  and  at  the  same  stage  of  the  proceedings.  A  motion  to  strike 
out  the  enacting  clause  of  a  bill  .shall  have  preference  over  a  motion  to 
amend,  and,  if  carried,  shall  be  considered  equivalent  to  its  rejection. 
A  dilatory  motion  shall  not  be  considered  intervening  business  within 
the  meaning  of  parliamentary  usage.     (Assenihly  Rule  No.  44.) 


SEC.    329. 

DEBATE     NOT    ALLOWABLE— WHEN. 

When  the  reading  of  a  paper  is  called  for,  except  petitions,  and  the 
same  is  objected  to  by  a  member,  such  reading  shall  be  determined  by 
a  vote  of  the  house,  without  debate.     (Assembly  Rule  No.  57.) 

All  questions  relating  to  the  priority  of  business  shall  be  decided 
without  debate.      (Assembly  Rule  No.  56.) 


SEC     330 

PERSONAL    EXPLANATION. 

Any  member  may  rise  to  explain  a  matter  personal  to  himself,  with 
leave  of  the  Chair,  but  shall  not  discuss  a  question  in  such  explanation. 
(Assembly  Rule  No.  41.) 


PART  III.     A^OTING. 

SEC.    331. 

VOTING  ON   BILLS,  ETC. 

Xo  law  .shall  be  pa.ssed  except  by  bill.  Nor  shall  any  bill  be  put  upon 
its  final  passage  until  the  same,  with  the  amendments  thereto,  shall  have 
been  printed  for  the  use  of  the  members ;  nor  shall  any  bill  become  a  law 
unless  the  same  be  read  on  three  several  days  in  each  house,  unless,  in 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  123 

case  of  urgency,  two-thirds  of  the  hDiise  wlicn-  sucli  bill  may  he  peiuliiiii'. 
shall,  by  a  vote  of  yeas  and  nays,  dispense  with  this  provision.  Any 
bill  may  originate  in  either  house.  )nit  may  be  amended  or  rejected  by 
the  other:  and  on  the  final  passage  of  all  bills  they  shall  be  read  at 
length,  and  the  vote  .shall  be  by  yeas  and  nays  upon  each  bill  separately, 
and  shall  be  entered  on  the  journal,  and  no  bill  shall  become  a  law 
Avithout  the  concurrence  of  a  majority  of  the  members  elected  to  each 
house.     {CousfitulioH.  art.  IV.,  sec.  lo.) 


SEC.    332. 

NECESSARY    VOTES    ON    SENATE    ACTIONS. 

1.  A  majority  of  the  members  elected  (twenty-one  votes)  to  pass  all 
bills  (except  No.  2). 

2.  Two-thirds  of  the  members  elected  (twenty-seven  votes)  to  pass  a 
bill  increasing  number  of  Superior  Judges. 

3.  Two-thirds  of  the  members  elected  (twenty-seven  votes)  to  suspend 
the  Constitution  in  ease  of  urgency. 

■i.  Two-thirds  of  the  members  elected  (twenty-seven  votes)  to  pass 
constitutional  amendment. 

5.  Two-thirds  of  the  members  elected  (twenty -seven  votes)  to  pass 
urgency  clause  and  urgency  bills  for  preservation  of  public  peace,  health 
or  safety. 

6.  A  majority  vote  of  thosi"  voting  to  amend  a  constitutional  amend- 
ment. 

7.  A  majority  of  the  members  elected  (twenty-one  votes)  to  pass  con- 
current resolution  ratifying  a  city  charter  or  amendment  thereto. 

8.  Two-thirds  of  the  "members  elected  (twenty-seven  votes)  to  pass  a 
bill  over  Governor's  veto. 

9.  Three-fifths  of  the  members  elected  (twenty-four  votes)  to  nicrease 
the  number  of  attaches  and  employees. 

10.  A   majority   vote  of   those  votina-  to  pass  all  other  resolutions. 


SEC.    333. 

NECESSARY    VOTES    ON    ASSEMBLY    ACTIONS. 

1.  Att;i<-lirs  and  ciiiployccs.  t:)  appoint  ntli.'i-  tluiii  slalutoiy.  tiiree- 
fifths  of  tin-  iiihcrs  elected.     Political  ("ode.  Scclion  24(i  (forty-eight 

votes) . 

2.  Bills,  increasing  Superior  Jud-res.  two-thirds  of  the  members  elected 

(fifty-four  votes). 

3.' iiills.  to  introduce  after  ediist  itut  ional  I'i'eess.  sixty  votes. 

4.  Bills,  to  i)ass.  a  majority  (»f  the  Miembei-s  elecjed  |  i"(irty-(.ne  votes 
(except  to  increase  Superior  Judges)  J. 

').  Bills,  to  substitute,  majority  vote. 

f).  (,"ity  charter,  to  ain<-iid.  a  majority  of  the  nienitn'is  elected  >  lorty- 

one  votes). 

7.  Coustitulioual  aniendnienls.  to  amend,  majority  vote. 

8.  Constitutional  amendments,  to  pass,  two-thirds  of  the  members 
elected   diftv-four  votes). 

8^  (general  file,  two-lliirds  of  the  iiiemi)ers  elected  ditty  lour  v(.les) 
or  unanimous  consent  of  memliei-s  jires.'nt  neeessary  to  eliange  tli<'  ordi'r 
of  business  on  file. 


124  LEGISLATIVE   MANUAL   AND   FORM   BOOK, 

9.  Governor's  veto,  to  pass  a  bill  over,  two-thirds  of  the  members 
elected  (fifty-four  votes). 

10.  Previous  question,  majority  vote,  and  not  debatable. 

11.  Reconsideration  on  l)ills  and  resolutions,  a  majority  of  the  mem- 
bers elected  (forty-one  votes),  two-thirds  of  the  members  elected  (fifty- 
four  votes)  on  constitutional  amendments. 

12.  Resolutions  other  than  above,  majority  vote. 

13.  Standing-  rule,  may  be  temporarily  suspended  by  two-thirds  of 
the  members  elected  (fifty-four  votes). 

14.  Suspend  Constitution,  case  of  urgency,  two-thirds  of  the  mem- 
bers elected   (fifty-four  votes). 

15.  To  re-refer  a  bill  from  one  committee  to  another,  unanimous 
consent,  or  majority  vote. 

16.  T'rgency  clause  and  urgency  bills,  for  the  preservation  of  public 
peace,  health  or  safety,  two-thirds  of  the  members  elected  (fifty-four 
votes  to  pass). 

17.  Visiting  institutions,  or  other  expenses,  two-thirds  of  the  mem- 
bers elected  (fifty-four  votes). 


SEC.  3331/2. 

LIEUTENANT   GOVERNOR   TO    HAVE   CASTING    VOTE. 

The  Lieutenant  Governor  *  *  *  shall  be  President  of  the  Senate,  but 
shall  only  have  a  casting  vote  therein.     {Consfifution,  art.  Y.  sec.  15.) 

SEC.  334. 

ELECTIONS    BY    LEGISLATURE    TO    BE    VIVA    VOCE. 

In  all  elections  by  the  legislature  the  members  thereof  shall  vote  riva 
voce,  and  the  votes  shall  be  entered  in  the  Journal.  (Constitution, 
art.  IV,  sec.  28.) 

SEC.  335. 

AYES  AND  NOES— MEMBERS  MUST  ANSWER— NO  VOTE  AFTER 
ANNOUNCEMENT  OF  VOTE. 

When  the  ayes  and  noes  shall  be  called  for  by  three  members  present, 
every  member  within  the  bar  of  the  Senate  at  the  time  the  question  was 
put  shall  declare  openly,  and  without  debate,  assent  or  dissent  to  the 
question.  In  taking  the  ayes  and  noes,  and  upon  the  call  of  the  Senate, 
the  names  of  the  Senators  shall  be  taken  alphabetically.  When  the 
ayes  and  noes  shall  be  taken  upon  any  ciuestion  in  pursuance  of  this 
rule,  no  Senator  shall  be  permitted,  under  any  circumstances  whatever, 
to  vote  after  the  announcement  of  the  vote  bv  the  presiding  officer. 
{Senate  Rule  No.  58,) 


LEGISLATIVE   MANUAL    AND    FORM    BOOK.  125 

SEC.    336. 

EXCUSE    FROM    VOTING. 

When  a  Senator  declines  to  vote  on  a  call  of  his  name  he  shall  be 
required  to  assign  his  reasons  therefor,  and  having  assigned  them,  the 
presiding  officer  shall  submit  the  question  to  the  Senate:  ''Shall  the 
Senator,  for  the  reasons  assigned  by  him,  be  excused  from  voting?" 
which  shall  be  decided  without  debate.  And  these  proceedings  shall 
be  had  after  the  roll  call  and  before  the  result  is  announced,  and  any 
further  proceedings  in  reference  thereto  shall  be  after  such  announce- 
ment.    {Scnafe  Rule  No.  20.) 


SEC     337 

ELECTION    BY    HOUSE. 

In  all  cases  of  election  by  the  House,  the  vote  shall  l)e  taken  vivd  voce. 
(Assemhhj  Rule  Xo.  59.) 


SEC     338 

CALLING   AYES   AND    NOES. 

The  ayes  and  noes  shall  be  taken  on  the  final  passage  of  all  bills,  and 
when  called  for  by  three  members  on  other  questions,  and  every  member 
within  the  bar  of  the  House,  Avhen  his  name  is  called,  shall  (unless  for 
special  reasons  he  be  excused)  declare  openly,  and  without  debate,  his 
vote.  In  taking  the  ayes  and  noes,  and  upon  call  of  the  house,  the 
names  of  the  members  shall  be  taken  alphabetically,  and  the  Clerk  shall 
enter  on  the  Journal  the  names  of  those  demanding  the  ayes  and  noes. 
[Assemhhj  Rule  Xo.  60.) 


SEC     339 

MEMBERS    AT    CLERK'S    DESK. 

No  member  or  other  person  shall  remain  by  the  Clerk's  table  while 
the  ayes  and  noes  are  being  called,  or  while  the  votes  are  being  counted. 
(Assembly  Rule  Xo.  61.) 


SEC.    340. 

VOTING    ON    QUESTION    WHEN     INTERESTED. 

No  person  shall   vole  on  any  (jueslion  in   I  he   result  of  which   he  is 
personally  interested  or  involved.      (Assembhf  Rule  No.  62.) 


DIVISION    AND    COUNT   OF    HOUSE. 

Upon  a  division  and  count  of  tlie  house  on  any  (|ueslion.  no  person 
withotit  the  bar  shall  be  counted.      iAssrmhh/  h'uir  Xo.  (V.i.) 


SEC     342 

EXPLAINING   OR    CHANGING   VOTE. 

No  member  shall  be  allowed  to  explain  liis  vole  or  dis.Miss  the  (picH- 
tion   while  the  ayes  or  noes  are  beint:  called,  an<l   no  iiieiiil)er  shall   be 

allowed   to  change  his  vote  after  the   vole   is  aniioim 1    by   tlie  chair. 

{Assdvhhf  Rule  Xo.  64.) 


126  LEGISLATIVE   MANUAL    AND   FORM    BOOK. 

SEC     343 

CALL   OF   THE    HOUSE. 

Upon  a  i-'mII  of  the  house  the  iiauies  of  the  members  shall  be  called 
over  by  the  Clerk,  and  the  absentees  noted,  after  which  the  names  of 
the  absentees  shall  again  be  called  over.  The  door  shall  then  be  shut, 
and  those  for  whom  no  excnse  or  insulBcient  excuses  are  made,  may, 
by  order  of  those  present,  be  taken  into  custody,  as  they  appear,  or 
may  be  sent  for  and  taken  into  custody  by  the  Sergeant-at-Arms 
wherever  found,  or  by  special  messenger  to  be  appointed  for  that 
purpose.  In  the  absence  of  a  quorum,  a  majority  of  the  members 
present  may  order  a  call  of  the  house  and  compel  the  attendance  of 
absentees  in  the  manner  above  provided.  No  recess  can  be  taken  during 
a  call  of  the  house.     {Asscnthhj  Rule  Xo.  65.) 


SEC.    344. 

(Form.) 

ROLL   CALL   ORDERED. 

After  a  viva  voce  vote  was  had  the  Chair  expressed  doubt  as  to  the 
result  and  directed  the  Secretary^  to  call  the  roll." 

The  roll  was  called."  and  the  motion  was  declared  carried^  by  the 
following  vote: 

(roll  CALL.) 

EXPLANATORY  NOTE. 

'Or  Chief  Clerk. 

-And  ordered  a  standing  vote. 

"Or  count  taken. 

*Or  lost. 


SEC.    345. 

( Form. ) 

AYES   AND    NOES   DEMANDED. 

After  a  viva  voce  vote  was  had  the  Chair  announced  that  the  motion 
appeared  to  have  been  carried,  whereupon  the  ayes  and  noes  were 
demanded  by  Senators^ and 

Thereupon  the  Secretary-  was  directed  to  call  the  roll. 

The  roll  was  called,  and  the  motion  carried^  by  the  following  vote : 

(roll  call.) 

Also : 

The  question  being  on  the  adoption  of  the  report  of  Special  Com- 
mittee of  One. 

AYES   and   noes   demanded. 

A  roll  call  was  demanded  by  Senators and 

Thereupon  the  Secretary  was  directed  to  call  the  roll. 
The  roll  was  called,  and  the  report  of  Special  Committee  of  One 
refused  adoption  by  the  following  vote: 

EXPLANATORY  NOTE. 

'Or  Messrs. 
=0r  Chief  Clerk. 
=Or  lost. 


LEGISLATIVE   MAXU^VL   AND   FORM    BOOK.  127 

SEC.    346. 

(Form.) 

DIVISION    OF    THE    QUESTION. 

Senator^ moved  that  the  ({uestion  he  divided. 

^Motion  carried. 

Question  heiiig  on  tlie  part  of  resolution  pertaining'  to- 

^Motion  carried. 

Question  being  on  the  part  of  resolution  pertaining  to' 

The  roll  was  called,  and  the  motion  carried  by  the  following  vote : 

EXPLAXATORY    XOTE. 

^Or  Mr. 

"Portion  not  appropnatinii'  money. 
"Portion  of  qnestiou  apjjrouriatinjii-  money. 


SEC.    347. 

(Form.) 

EXPLANATION    OF    VOTE. 

Senator^ asked  for,  and  was  granted,  unanimous 

consent  to  have  the  following  explanation  of  his  vote  on 

Bill  No. printed  in  the  Journal: 

EXPLANATORY  NOTE. 

'Or  Mr. 


SEC.   348. 

(Form.) 

EXCUSED    FROM    VOTING. 

Senator^ asked  for,  and  was  granted,  unanimous  con- 
sent to  be  excused,  for  reason  stated,  from  voting  on Bill 

No. 

EXPLANATORY  NOTE. 

'Or  Mr. 


128  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

CHAPTER  VIII. 

ELECTIONS.  RESIGNATIONS  AND  IMPEACHMENTS. 

Cji.xi'tkr  Contents. 
I'AKT  1.     Elections. 

Sec.  '.IV.K   Si'ualdis    jiiid    As>('iiil)lyiiien    ineligible    to   certain    ofHces.      (Constitution.) 

.Sec.  S-IO.  Federal  officcr.s  ineligible  to  state  office — Exceptions.      (Constitution.) 

Sec.  3r>1.   Embezzler  of  public  funds  ineligible  to  office.      (Constitution.) 

Sec.  3r>2.   Election  of  member.^  of  Assembly.      (Constitution.) 

Sec.  353.   Election  of  Assenii)lymen.      (Political  Code.) 

Sec.  354.  Term    of    Senators — Qualifications    of    members    of    Legislature.      (Consti- 
tution. ) 

Sec.  3.5.").   Election  of  Senati>i-s.      (Political  Code.) 

Sec.  35().   Xumbei'  of  Senators  and  Assemblymen.      (Constitution.) 

Sec.  357.   Senatorial   and   Assembly   districts.      (Constitution.) 

Sec.  35S.  Transmis.sion  and  publication  of  election   returns.      (Constitution.) 

Sec.  359.  Change   of  precinct  boundaries.      (Political   Code.) 

Sec.  3(;0.   Furnishing    money    for    elections    except    for    specific    purposes.      (Penal 
Code. ) 

Sec.  3(51.   T'ulawful    offers    to   i)rocure   offices   for   electors.      (Penal   Code.) 

Sec.  3(i2.  Soliciting  or  demanding  that  a  candidate  vote  for  or  against  any  measure 
or  bill.      (Penal  Code.) 

Sec.  303.  Communicating  such  offer.      (Penal  Code.) 

Sec.  3G4.  Bribing  or  offering  to  bribe  members  of  legislative  caucuses,  etc.      (Penal 
Code.) 

T'ART  II.     Contested  Elections. 

.1.     Of  Menihers  of  the  Legislature. 

Sec.  ."'(ri.  Who   may  contest.      (Political  Code.) 

Sec.  30t>.  Statement  of  cause  of  contesting  election.      (Political  Code.) 

Sec.  3(>7.  Coinmission   to  .take   testimony.      (Political   Code.) 

Sec.  368.  Notice  to  person  interested,  by  whom  served.     (Political  Code.) 

Sec.  3(^9.  Compelling   attendance    of   witnesses.      (Political    Code.) 

Sec.  370.  Testimony,    how    taken.      (Political    Code.) 

Sec.  371.  Vacancy  in  commission,  how  filled.      (Political  Code.) 

Sec.  372.  Fees  of  officers.      (Political  Code.) 

Sec.  373.  Testimony  to  be  transmitted  to  Secretary  of  State — Dutie.s   of  Secretary. 

(Political  Code.) 

Sec.  374.  Depositions  in  election  contests.      (Political  Code.) 

Sec.  375.  Further   evidence   may   be   taken.      (Political   Code.) 

B.     Of   (iorernor  or  Lieutenant   Governor. 

Sec.  37t;.   Who  may  contest.      (Political  Code.) 

Sec.  377.  (irounds  of  contest  to  be  stated  in  petition.      (Political  Code.) 

Sec.  378.  Notice  to  respondent.      (Political  Code.) 

Sec.  379.  Notice  to  the  houses.      (Political  Code.) 

Sec.  380.  Trial  committee,  how  chosen.      (Political  Code.) 

Sec.  381.  Notice  of  choice.      (Political  Code.) 

Sec.  382.  Powers  of  committee.      (Political  Code.) 

Sec.  383.  Judgment  of  Committee.      (Political  Code.) 

Part  III.     Resignations. 
Sec.  384.  Resignations,  to  whom  made.      (Political  Code.) 
Sec.  385.  Vacancies,  how  they  occur.      (Political  Code.) 
Sec.  3SG.  Notice  of  removal,  by  and  to  whom  given.      (Political   Code.") 


LEGISLATIVE    MANUAL    AND   FORM   BOOK.  129 

Sec.  3ST.  Vacancies  occurriug  during  recess  of  the  Legislature.      (Political  Code.) 

Sec.  3SS.  Vacancies   in   Legislature,   how   filled.      (Political   Code.) 

Sec.  389.  Vacancies,  how  filled  when  not  otherwise  provided  for.      (Political  Code.) 

Part.  IV.     Impeaciimext. 

1?ec.  3{;iO.   Impeachment.      (Constitution.) 

Sec.  391.   Who  may  be  impeached — Other  officers.      (Constitution.) 

Sec.  392.  The  several  courts  of  this  State.      (Code  of  Civil  Procedure,  i 

Sec.  3513.  Courts  of  record.      (Code  of  Civil  Procedure.) 

Sec.  394.  Members  of  the  court.      (Code  of  Civil  I'rocedure.) 

Sec.  39.">.  Jurisdiction.      (Code  of  Civil  Procedure.) 

Sec.  ;:^H.>.  Ofiicers  of  the  court.      (Code  of  Civil  Procedure.) 

Sec.  397.  Trial    of    impeachments    provided    for    in    Penal    Code.      (Code    of    Civil 

Procedure.) 

Sec.  398.   Proceedings   to   impeach  or  remove  officers  and  others  preser\ed.      (Penal 

Code. ) 

Sec.  399.  Officers  liable  to  impeachment.      (Penal  Code.) 

Sec.  4(M>.  Articles,  how  prepared — Trial  by  Senate.      (Penal  Code.) 

-Sec.  401.  Delivery  of  articles  of  impeachment.      (Penal  Code.) 

Sec.  402.  Time  of  hearing,  service  on  defendant.      (Penal  Code.) 

See.  403.   Service   in    impeachment,   how  made.      (Penal   Code.) 

Sec.  404.  Proceedings  on  failure  to  appear  in  impeachment.      (Penal  Code.) 

Set-.  40.J.  Defendant,   after  appearance,   may  answer  or  demur.      (Penal  Code.) 

Sec.  4(M).  If  demurrer  is  overruled,  defendant  must  answer.      (Penal  Code.) 

Sec.  407.   Senate  to  be  sworn.      (Penal  Code.) 

Sec.  408.  Two-thirds  necessary  to  a  conviction.      (Penal  Code.) 

Sec.  409.  Judgment  on   conviction,   how  pronounced.      (Penal   Code.) 

Sec.  410.  Judgment   on  conviction,   when  final.      (Penal   Code.) 

Sec.  411.  Nature  of  the  judgment.      (Penal  Code.) 

Sec.  412.  Effect   of   judgment   of   suspension.      (Penal   Code.) 

Sec.  413.  Officer,  when  impeached,  disqualified  until  acquitted — Governor  to  tem- 
porarily  fill   vacancy.      (Penal   Code.) 

See.  414.  Presiding  officer  when  Lieutenant  Governor  is  impeached.      (Penal  Code.) 

Sec.  41").   Impeachment   not  a   bar  to   indictment.      (Penal   Code.) 

Part  V.     Witxesse-s. 

Sec.  410.   Subpunas.      (Political  Code.) 

Sec.  417.  Service  of  suliiKi'na.      f Political  Code.) 

Sec.  418.   Failure   of   witne.-s    to   appear,   contempt.      (Political   Code.) 

Sec.  419.   Warrant  of  arrest.      (Political  Code.) 

Sec.  420.  Witnes.ses  not  to  be  hold  to  answer  criminally.  Uefusal  lo  testify. 
(Political  Code.) 

See.  421.  Witnes-ses  refusing  to  attend,  testify,  or  i)roduce  papers  before  the  Legis- 
lature or  committees  thereof.      (Penal   Code.) 

Sec.  422.   Fees  for  witness-es.      (Assembly  rule.) 


PART   I.     HLKrTIO.XS. 

SEC.  349. 

SENATORS    ANO    ASSEMBLYMEN     INELIGIBLE    TO    CERTAIN    OFFICES. 

Xo  SciiJitor  (»!•  iiM'iiilicf  ftf  As.sciiibly  .sliiill.  dniiiit;  lln-  ti-nii  for  wliicli 
he  .slifill  have  liffii  elected.  l)e  fii)i)()ifite(l  to  any  civil  ofllice  of  i-inilit  tindef 
thi.s  State  wliicli  shall  have  l)een  created,  or  the  emolmneiil.s  of  which 
havp  })pf'n  increa.sed,  duriiiff  siicli  term,  except  .such  offices  as  may  he 
tilled  by  election  hy  tlie  peo|)]e.      ( ('(nisUhdiaii,  arl.  I  \' ,  ^''     1 '^  ^ 

9—16821 


130  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.   350. 

FEDERAL    OFFICERS     INELIGIBLE     TO     STATE     OFFICE— EXCEPTIONS. 

No  person  liolding  any  lucrative  office  under  the  United  States,  or 
any  other  power,  shall  be  eligible  to  any  civil  office  of  profit  under  this 
State;  provided,  that  officers  in  the  militia  who  receive  no  annual  salary, 
local  officers,  or  postmasters  w^iose  compensation  does  not  exceed  five 
hundred  dollars  per  annum,  shall  not  be  deemed  to  hold  lucrative  offices. 
{Constitution,  art.  IV,  sec.  20.) 


SEC.   351. 

EMBEZZLER    OF    PUBLIC    FUNDS    INELIGIBLE   TO   OFFICE. 

No  person  convicted  of  the  embezzlement  or  defalcation  of  the  public 
funds  of  the  United  States,  or  of  any  state,  or  of  any  county  or  munici- 
pality therein,  shall  ever  be  eligible  to  any  office  of  honor,  trust,  or  profit 
under  this  State,  and  the  Legislature  shall  provide,  by  law,  for  the 
punishment  of  embezzlement  or  defalcation  as  a  felony.  (Constitution, 
art.  IV,  sec.  21.) 


SEC.   352. 

ELECTION    OF    MEMBERS    OF    ASSEMBLY. 

^Members  of  the  Assembly  shall  be  elected  in  the  year  eighteen  hun- 
dred and  seventy-nine,  at  the  time  and  in  the  manner  now  provided  by 
law.  The  second  election  of  members  of  the  Assembly,  after  the  adop- 
tion of  this  Constitution,  shall  be  on  the  first  Tuesday  after  the  first 
Monday  in  November,  eighteen  hundred  and  eighty.  Thereafter  mem- 
bers of  the  Assembly  shall  be  chosen  biennially,  and  their  term  of  office 
shall  be  two  years ;  and  each  election  shall  be  on  the  first  Tuesday  after 
the  first  Monday  in  November,  unless  otherwise  ordered  by  the  Legis- 
lature.    (Constitution,  art.  IV,  sec.  3.) 


SEC.   353. 

ELECTION    OF    ASSEMBLYMEN. 

At  the  general  election  in  the  year  nineteen  hundred  and  eight  and 
everj^  two  years  thereafter,  a  member  of  the  Assembly  shall  be  elected 
in  each  of  the  Assembly  districts  constituted  by  section  ninety  of  this 
code.     (Political  Code,  sec.  228.) 


SEC.   354. 

TERM     OF    SENATORS— QUALIFICATIONS    OF     MEMBERS    OF 
LEGISLATURE. 

Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same  time 
and  places  as  members  of  the  Assembly,  and  no  person  shall  be  a  member 
of  the  Senate  or  Assembly  who  has  not  been  a  citizen  and  inhabitant 
of  the  State  three  years,  and  of  the  district  for  which  he  shall  be  chosen 
one  year,  next  before  his  election.     (Constitution,  art.  IV,  sec.  4.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  131 

SEC.  355. 

ELECTION     OF    SENATORS. 

At  the  general  election  in  the  year  nineteen  hundred  and  eight,  and 
every  four  years  thereafter,  a  Senator  shall  be  elected  in  each  odd- 
numbered  senatorial  district  constituted  in  section  seventy-eight  of  this 
code.  At  the  general  election  in  the  year  nineteen  hundred  and  ten. 
and  every  four  years  thereafter,  a  Senator  shall  be  elected  in  each 
even-numbered  district  constituted  in  section  seventv-eight  of  this  code. 
{Political  Code,  sec.  227.) 


SEC.   356. 

NUMBER    OF   SENATORS   AND   ASSEMBLYMEN. 

The  Senate  shall  consist  of  forty  members,  and  the  Assembly  of 
eighty  members,  to  be  elected  by  districts,  numbered  as  hereinafter 
provided.  The  seats  of  the  twenty  Senators  elected  in  the  year 
eighteen  hundred  and  eighty-two  from  the  odd-numbered  districts  shall 
be  vacated  at  the  expiration  of  the  second  year,  so  that  one-half  of  the 
Senators  shall  be  elected  every  two  years;  provided,  that  all  the  Senators 
elected  at  the  first  election  under  this  Constitution  shall  hold  office  for 
the  term  of  three  years.     (Constitution,  art.  IV.  sec.  5.) 


SEC.   357. 

SENATORIAL    AND    ASSEMBLY    DISTRICTS. 

For  the  purpose  of  choosing  members  of  the  Legislature,  the  State 
shall  be  divided  into  forty  senatorial  and  eighty  assend)Iy  districts,  as 
nearly  equal  in  population  as  may  be.  and  composed  of  contigr.ous 
territory,  to  be  called  senatorial  and  assembly,  districts.  Each  sen- 
atorial district  .shall  choose  one  Senator,  and  each  as.sembly  district 
shall  chocse  one  meml)er  of  Assembly.  The  senatorial  districts  shall 
be  numbered  from  one  to  forty,  inclusive,  in  numerical  order,  and  the 
a.ssembly  districts  shall  be  inunbered  from  one  to  eighty  in  tlu'  .same 
order,  commencing  at  tiie  northern  boundai-y  of  the  Sfjite  and  ending 
at  the  southern  ))Oundarv  thereof.  In  th«»  formation  of  such  districts, 
no  county,  or  city  and  county,  shall  be  divided,  unless  it  contains  suffi- 
cient population  within  itself  to  form  two  or  more  districts,  nor  shall 
a  part  of  any  county,  or  of  any  city  and  county,  be  united  with  any 
other  county,  or  city  and  county,  in  forming  any  district.  The  census 
taken  under  the  direction  of  the  Congi-ess  of  the  Tnited  States  in  the 
year  one  thousand  eiglit  hundivd  and  cicrhty.  and  eveiy  ten  years  tliei'e- 
after.  shall  be  the  basis  of  fixing  and  adjusting  tlie  legislative  districts: 
and  the  TiCgislatui'e  shall,  at  its  first  session  after  ea"li  census,  adiust 
sucli  districts  and  reai>i)orlion  the  representation  so  as  to  ])!"eserve  them 
as  near  eoual  in  population  as  may  be.  lint  in  making  such  adjust ni'-nt 
no  per.sons  who  are  not  eligible  to  become  citizens  of  the  Tnited  Stales, 
under  tlie  naturalization  laws,  shall  1)e  counted  as  forming  a  part  of 
the  r»or)ul;)tieii  of  jin\-  district.  Tntil  sucii  districtinLT  as  licrcin  dco- 
vidr-d  for  shall  be  made.  Senators  ami  .Assemblymen  shall  be  elected  by 
the  districts  according  to  the  apj)ort ioniiicnt  now  provided  for  by  law. 
(Coiisliliifi'iii,  (III.  JV,  fid-.  G.) 


132  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

SEC.   358. 

TRANSMISSION    AND    PUBLICATION    OF    ELECTION    RETURNS. 

The  returns  of  every  flection  for  Governor  shall  he  sealed  up  and 
transmitted  to  the  seat  of  government,  directed  to  the  Speaker  of  the 
Assemhly.  who  shall,  during  the  first  week  of  the  session,  open  and 
publish  them  in  the  presence  of  both  houses  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  shall  be  Governor;  but  in 
case  any  two  or  more  have  an  equal  and  the  highest  number  of  votes, 
the  Legislature  shall,  by  joint  votes  of  both  houses,  choose  one  of  such 
persons  so  having  an  equal  and  the  highest  number  of  votes  for  Gov- 
ernor.    {Constitution,  art.  V,  sec.  4.) 


SEC.   359 

CHANGE    OF    PRECINCT    BOUNDARIES. 

Neither  boards  of  supervisors,  municipal  officers,  nor  any  other  officer 
or  officers,  shall  have  the  power  to  alter  the  boundaries  of  any  township, 
ward,  election  precinct,  or  other  local  subdivision,  of  any  county,  city 
and  county,  city,  or  town,  so  as  to  change  the  boundaries  of  any  sen- 
atorial or  assemblv  district  as  constituted  and  defined  in  chapter  II 
of  title  I  of  part  II  of  this  code.     (Political  Code,  sec.  229.) 


SEC.   350. 

FURNISHING     MONEY    FOR     ELECTIONS     EXCEPT     FOR    SPECIFIC 

PURPOSES. 

Every  person  who.  with  intent  to  promote  the  election  of  himself  or 
any  other  person,  either — - 

1.  Furnishes  entertainment  at  his  expense  to  any  meeting  of  electors 
previous  to  or  during  an  election: 

2.  Pays  for,  procures,  or  engages  to  pay  for  any  such  entertainment ; 

3.  Furnishes  or  engages  to  -pay  or  deliver  any  money  or  property  for 
the  purpose  of  procuring  the  attendance  of  voters  at  the  polls,  or  for  the 
purpose  of  compensating  any  person  for  procuring  attendance  of  voters 
at  the  polls,  except  for  the  conveyance  of  voters  who  are  sick  or  infirm ; 

4.  Furnishes  or  engages  to  pay  or  deliver  any  money  or  property  for 
am^  purpose  intended  to  promote  the  election  of  any  candidate,  except 
for  the  expenses  of  holding  and  conducting  public  meetings  for  the 
discussion  of  public  questions  and  of  printing  and  circulating  ballots, 
handbills,  and  other  papers  previous  to  such  election,  is  guilty  of  a  mis- 
demeanor.    (Penal  Code,  sec.  54.) 


SEC.   361. 

UNLAWFUL    OFFERS    TO    PROCURE    OFFICES    FOR    ELECTORS. 

Every  person  who,  being  a  candidate  at  any  election,  offers  or  agrees 
to  appoint  or  procure  the  appointment  of  any  particular  person  to  office, 
as  an  inducement  or  consideration  to  any  person  to  vote  for,  or  procure 
or  aid  in  procuring  the  election  of  such  candidate,  is  guilty  of  a  mis- 
demeanor.    '(Penal  Code,  sec.  55.) 


LEGISLATIVE    MANUAL   AND    FORM    BOOK.  133 


SEC.  362. 


SOLICITING     OR     DEMANDING     THAT     A     CANDIDATE     VOTE     FOR     OR 
AGAINST    ANY    MEASURE    OR    BILL. 

Any  person,  either  individually  or  as  an  officer  or  member  of  any 
committee  or  association,  who  solicits  or  demands  of  any  candidate  for 
the  Legislature,  supervisor,  school  director,  or  for  any  legislative  body, 
that  he  shall  vote  for  or  against  any  particular  bill  or  measure  which 
may  come  before  such  body  to  which  he  may  be  elected,  and  any  candi- 
date for  any  of  such  offices  who  signs  or  gives  any  pledge  that  he  will 
vote  for  or  against  any  particular  bill  or  measure  that  may  be  brought 
before  such  body,  is  guilty  of  a  misdemeanor;  and  any  candidate  con- 
victed under  the  provisions  of  this  section  is.  in  addition,  disqualitied 
from  holding  the  office  to  which  he  may  have  been  elected.  The  pro- 
visions of  this  section  do  not  apply  to  any  pledge  or  promise  that  any 
such  candidate  may  give  to  a  convention  by  which  he  may  be  nominated 
for  any  such  office,  or  to  those  who  sign  a  certificate  for  his  nomination. 
{Penal  Code.  sec.  o5a.) 


SEC.   363. 

COMMUNICATING    SUCH     OFFER. 

Every  person,  not  being  a  candidate,  who  communicates  any  offer, 
made  in  violation  of  the  last  section,  to  any  person,  with  intent  to  induce 
him  to  vote  for  or  procure  or  aid  in  procuring  the  election  of  the  candi- 
date making  the  otter,  is  guilty  of  a  misdemeanor.  (Penal  Codt. 
sec.  56.) 


SEC.  364. 

BRIBING    OR    OFFERING    TO    BRIBE    MEMBERS    OF    LEGISLATIVE 
CAUCUSES.   ETC. 

Every  person  who  gives  or  offers  a  bribe  to  any  officer  or  member 
of  any  legislative  caucus,  political  convention,  committee,  primary  elec- 
tion, or  political  gathering  of  any  kind,  held  for  the  purpose  of  nominat- 
ing candidates  for  offices  of  honor,  trust,  or  profit,  in  this  State,  witli 
intent  to  influence  the  person  to  whom  such  bribe  is  given  or  offered 
to  be  more  favorable  to  one  candidate  than  another,  and  every  person, 
member  of  either  of  tiie  bodies  of  this  .section  mentioned,  who  receives 
or  offers  to  receive  any  .such  bribe,  is  punishable  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  wun'r  tliaii  si-Vfn  yi'jiiN.  [Penal  Codt, 
sec.  57.) 


PART    II.     CO.XTHSTKI)    KIJ-K 'TK  »NS. 
A.     Of  Members  of  the  Legislature, 


SEC.  365. 


WHO    MAY   CONTEST. 


Tlie  right  of  any  person  declared  clfcli'd  to  a  seat  in  the  Senate  or 
Assembly  may  be  contested  by  any  (|ualifie(l  voter  of  the  eonnty  or  dis- 
trict to  l)e  represented  hv  such  Sen.ifor  up  .\sseniblyiiinn.  ( I'nliticdl 
Code,  s<'C.  273. ) 


134  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

SEC.    36S. 

STATEMENT    OF   CAUSE   OF    CONTESTING    ELECTION. 

The  person  contesting  such  election  must,  within  twenty  days  after 
the  certificate  of  election  is  issued,  file  with  the  clerk  of  the  county,  or 
one  of  the  counties  in  which  the  alleged  cause  of  contest  originated,  a 
statement  of  the  grounds  of  contest,  verified  by  his  oath.  (Political 
Code,  sec.  274.) 


SEC.  367.  COMIVIISSION    TO    TAKE    TESTIMONY. 

On  the  filing  of  such  statement  the  clerk  must  issue  a  commission, 
directed  to  two  justices  of  the  peace  of  his  county,  to  meet  at  a  time 
and  place  specified  in  the  commission,  not  less  than  twenty  nor  more 
than  thirty  days  from  the  date  thereof,  for  the  purpose  of  taking  the 
depositions  of  such  witnesses  as  the  parties  to  the  contest  may  wish  to 
examine.     {Political  Code,  sec.  275.) 

SEC.  368. 

NOTICE  TO   PERSON    INTERESTED,   BY   WHOM   SERVED. 

Written  notice  of  such  contest,  specifying  the  time  and  place  of  tak- 
ing depositions,  and  a  copy  of  the  statement,  certified  by  the  Clerk,  must 
be  delivered  to  the  person  whose  election  is  contested,  or  if  he  can  not 
be  foimd,  left  at  the  house  where  he  last  resided,  by  the  sheriff  of  the 
county  in  which  such  person  claims  his  residence,  within  ten  days  after 
such  statement  is  filed.     {Political  Code,  sec.  276.) 


SEC.  369.  COMPELLING    ATTENDANCE    OF    WITNESSES. 

Either  of  the  justices  of  the  peace  have  power  to  issue  subpoenas  for 
witnesses,  at  the  request  of  either  party,  to  be  served  by  the  sheriff  as 
other  subpcBuas;  and  such  justices,  when  met  at  the  time  and  place 
appointed  to  take  such  depositions,  have  the  same  power  to  issue  attach- 
ments and  assess  fines  against  witnesses  as  is  given  to  justices  of  the 
peace  in  the  trials  of  civil  actions.     {Political  Code,  sec.  277.) 

®^^-  ^^°'  TESTIMONY,    HOW    TAKEN. 

The  justices  must  meet  at  the  time  and  place  appointed,  and  take  the 
depositions  of  witnesses  produced  by  the  parties,  and  may  continue  the 
examination  from  day  to  day,  if  necessary.  When  the  examination  is 
closed,  they  must  seal  up  the  depositions  taken  before  them,  together 
with  tiie  commission,  and  transmit  the  same  by  mail  or  express  to  the 
clerk  with  whom  the  statement  Avas  filed.     (Political  Code,  sec.  278.) 

SEC.  371.  VACANCY    IN    COMMISSION,    HOW    FILLED. 

If  at  any  time  either  of  the  justices  is  unable  to  proceed  in  such 
examination  the  clerk  may  supply  the  vacancy  by  designating  any  other 
justice  of  the  peace  of  the  county.     (Political  Code,  sec.  279.) 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  135 

SEC    372 

FEES    OF    OFFICERS. 

Officers  performing  services  in  a  contested  election  case  may  charge 
and  collect  from  the  party  at  whose  instance  such  services  were  per- 
formed the  same  fees  as  are  allowed  them  for  similar  services  in  civil 
cases.     {Political  Code,  sec.  280.) 

SEC.   373. 

TESTIMONY    TO    BE    TRANSMITTED    TO    SECRETARY    OF    STATE. 
DUTIES   OF   SECRETARY. 

The  clerk  must  seal  np  the  depositions,  tlie  original  statement,  the 
copy  of  the  notice  served  upon  the  party  whose  right  is  contested,  and 
the  commission  issued  to  the  justices  of  the  peace,  and  transmit  the 
same  by  mail  to  the  Secretary  of  State,  indorsing  thereon  the  names  of 
the  contesting  parties  and  the  branch  of  the  Legislature  before  which 
such  contest  is  to  be  tried.  The  Secretary  of  State  must  deliver  the 
same,  unopened,  to  the  presiding  officer  of  the  House  in  Avhich  such 
contest  is  to  be  tried,  on  or  before  the  second  day  of  the  session  of  the 
Legislature  next  after  taking  such  depositions,  and  such  presiding  officer 
must  innnediately  give  notice  to  the  House  that  such  papers  are  in  his 
possession.     {Political  Code,  sec.  281.) 


SEC    374 

DEPOSITIONS    IN     ELECTION    CONTESTS. 

At  any  time  after  notice  of  contest  has  been  given,  and  before  the 
trial  thereof  before  the  proper  branch  of  the  Legislature,  either  party 
may  take  depositions,  to  be  read  on  the  trial,  in  like  manner  and  under 
the  same  rules  as  are  allowed  and  required  in  the  cases  of  depositions 
to  be  read  on  the  trial  of  civil  actions;  and  such  depositions,  when  taken, 
must  be  sealed  up  by  the  officer  taking  the  .same,  and  directed  to  tlie 
Secretary  of  State,  who  must  keep  the  same,  unopened,  and  delivi-r 
them  to  the  presiding  officer  of  the  House  in  whicb  tlie  contest  is  to 
be  tried.     (Political  Code,  sec.  282.) 


SEC.   375. 

FURTHER    EVIDENCE    MAY   BE   TAKEN. 

The  House  lu-fon-  which  Ihc  contest  is  pending  may  lake  such  other 
evidence  in  the  ease  as  it  deems  inatei-ial.      {I'nlHiad  ('oih  ,  sic.  28;J.) 


B.     Of  Governor  or  Lieutenant  Governor. 

SEC.   376.  _ 

WHO    MAY    CONTEST. 

Any  elector  of  the  State  may  contest  thi'  eh-clion  of  any  person 
declared  elected  Governor  or  Lieulenant-(iovernor  oi"  the  Slate  of  Cali- 
fornia.     (PolillraJ  Code,  see.  288.) 


136  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

SEC.   377. 

GROUNDS  OF  CONTEST  TO   BE  STATED   IN    PETITION. 

Such  elector  may,  within  twenty  days  after  the  declaration  of  the 
result  of  the  election,  deliver  to  the  presiding  officer  of  each  House 
of  the  Legislature  a  verified  specification  of  the  grounds  of  contest. 
{Political  Code,  sec.  289.) 


C  p"  f^       oyo 

NOTICE   TO    RESPONDENT. 

As  soon  as  the  presiding  officers  have  received  the  specifications  they 
must  make  out  a  notice,  in  writing,  directed  to  the  person  whose  election 
is  contested,  and  deliver  the  same  to  a  sergeant-at-arms,  who  must 
serve  such  notice  at  once  on  the  person  therein  named.  {Political 
Code,  sec.  290.) 


C  p"  (^         O'TQ 

NOTICE   TO   THE    HOUSES. 

The  presiding  officers  must  also  immediately  give  notice  to  their 
respective  houses  that  such  specifications  have  been  received.  {PoUfical 
Code,  sec.  291.) 


O  p"  f^         QOrt 

TRIAL   COMMITTEE,    HOW   CHOSEN. 

Each  House  must  at  once  choose  seven  members  of  its  own  body,  in 
the  following  manner : 

1.  The  names  of  the  members,  except  the  Speaker  of  the  Assembly. 
written  on  similar  paper  tickets,  must  be  placed  in  a  box: 

2.  The  Secretary  of  the  Senate,  in  the  presence  of  the  Senate,  and 
the  Clerk  of  the  Assembly,  in  the  presence  of  the  House,  must  draw 
from  their  respective  boxes  the  names  of  seven  members  of  each. 
{Political  Code,  sec.  292.) 


SEC     381 

NOTICE   OF   CHOICE. 

As  soon  as  the  names  are  drawn,  notice  of  the  names  of  meniliers 
drawn  in  one  House  must  be  given  to  the  other,  and  the  names  of  the 
fourteen  members  drawn  must  be  entered  on  the  Journals  of.  each 
House.      {Political  Code;  sec.  293.) 


C  C"  ^         OQO 

POWERS   OF  COMMITTEE. 

The  members  thus  selected  constitute  a  committee  to  try  such  con- 
tested election,  and  for  that  purpose  must  hold  their  meetings  publicly 
at  the  seat  of  government  at  such  time  and  place  as  they  may  designate, 
and  may  adjourn  from  day  to  day  or  to  a  day  certain,  until  such  trial 
is  determined.  They  have  power  to  send  for  persons  and  papers,  and 
to  take  all  necessary  means  to  procure  testimony,  extending  like  privi- 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  137 

leges  to  each  party  to  the  contest.  They  must  report  their  judgment 
in  the  premises  to  both  Houses  of  the  Legishature,  which  report  must 
be  entered  npon  the  Journals.      {Folilicdl  ('"(]>,  stc.  294.) 

SEC     383 

JUDGMENT    OF   COMMITTEE. 

The  judgment  of  the  committee  thus  reported  is  tinal  and  eoiu-hisive. 
(Political  Code,  sec.  295.) 


PART  III.    RESIGNATIONS. 

SEC.   384. 

RESIGNATIONS,  TO    WHOM    MADE. 

Resignations  must  be  in  writing,  and  made  as  follows : 

1.  By  the  Governor  and  Lieutenant-Governor,  to  the  Legislature,  if 
it  is  in  session ;  and  if  not,  then  to  the  Secretary  of  State ; 

2.  By  all  officers  commissioned  by  the  Governor,  to  the  Goyernoi': 

.3.  ]5y  Senators  and  members  of  the  Assembly,  to  the  presiding  officers 
of  their  respective  Houses,  who  must  immediately  transmit  the  same  to 
the  Governor; 

•4.  By  all  county  and  township  officers  not  commissioned  l)y  the 
Governor,  to  the  Clerk  of  the  Board  of  Supervisoi-s  of  their  respeetive 
counties : 

5.  By  all  other  appointed  officers,  to  the  body  or  officer  that  appointed 
them ; 

6.  In  all  cases  not  otherwise  provided  for.  by  tiling  the  resmnntiou 
in  tiie  office  of  the  Secretary  of  State.     {PoUfiral  Code,  sec.  995, ) 

SEC.   385. 

VACANCIES.    HOW    THEY    OCCUR. 

An  office  becomes  vacant  on  tiie  haj)penin^;-  of  either  of  tlie  t'olhtwinir 
events  before  the  expiration  of  the  term  : 

1.  The  death  of  the  incumbent ; 

2.  His  insanity,  found  upon  a  comfiii.ssion  of  lunacy  issued  to  deiei-- 
mine  the  fact; 

3.  His  resignation ; 

4.  His  removal  from  office; 

5.  His  ceasing  to  be  an  inhabitant  of  the  State,  oi'.  if  llie  ofliee  be 
local,  of  the  di.strict,  county,  city,  or  township  for  whirh  lie  was  eho.sen 
or  appointed,  or  within  which  Ihe  duties  (»f  his  ofliee  are  retjuired  to  be 
discharged  : 

6.  His  absence  from  the  State  witlioiit   pei-missidu  of  tlie  Lr-:i.;|;iiiif.' 

beyond  the  period  allowed  by  law :  .  .  . 

7.  His  ceasing  to  discJiarLre  the  duties  of  liis  ofliee  for  tiie  period  ol 
three  consecutive  months,  except  when  ])reven1ed  by  sickness,  or  wlien 
absent  from  the  State  by  permission  of  the  Legishitiire : 

8.  Hi'!  conviction  of  ;i  felony,  or  of  any  olTi-nse  involving  ii  viol.ilion 
of  his  official  duties; 

9.  His  refusal  or  nc/lccl  to  file  his  oflici;il  o;ith  or  bond  within  th^ 
time  prescribed  ;  .... 

10.  The  decision  of  a  com|)etciit  trihun;il  drdjirin^r  void  his  .•hction 
or  ay)pointment.     (I'olih'ral  Codr,  si ,-.  fllMI.  i 


138  LEGISLATIVE   MAXUAL   AND   FORM   BOOK, 

SEC.   386. 

NOTICE   OF    REMOVAL,   BY   AND   TO   WHOM    GIVEN. 

Whenever  au  officer  is  removed,  declared  insane,  or  convicted  of  a 
felony  or  offense  involving-  a  violation  of  his  official  duty,  or  whenever 
his  election  or  appointment  is  declared  void,  the  body,  judge,  or  officer 
before  whom  the  proceedings  were  had  must  ^ve  notice  thereof  to  the 
officer  empowered  to  fill  the  vacancy.     (Political  Code,  sec.  997.) 


SEC.   387. 
VACANCIES    OCCURRING    DURING    RECESS    OF    THE    LEGISLATURE. 

Whenever  an  office,  the  appointment  to  which  is  vested  in  the  Gov- 
ernor and  Senate,  or  in  the  Legislature,  either  becomes  vacant  or  the 
term  of  the  incumbent  of  which  expires  during  the  recess  of  the  Legis- 
lature, the  Governor  has  power  to  appoint  a  person  to  such  office ;  but 
the  person  so  appointed  can  only  hold  the  office  until  the  adjournment 
of  the  next  session  of  the  Legislature.     {Political  Code,  sec.  1000.) 


SEC     388 

VACANCIES    IN     LEGISLATURE,    HOW     FILLED. 

Whenever  a  vacancy  occurs  in  either  House  of  the  Legislature  the 
Governor  must  at  once  issue  a  writ  of  election  to  fill  such  vacancy. 
{Political  Code,  sec.  998.) 


SEC.   389. 

VACANCIES,    HOW    FILLED    WHEN    NOT    OTHERWISE    PROVIDED    FOR. 

When  any  office  becomes  vacant,  and  no  mode  is  provided  by  law  for 
filling  such"  vacancy,  the  Governor  must  fill  such  vacancy  by  granting 
a  commission,  to  expire  at  the  end  of  the  next  session  of  the  Legislature 
or  at  the  next  election  by  the  people.     {Political  Code,  sec.  999.) 


PART  IV.     IMPEACHMENT. 

^  EC     390 

IMPEACHMENT. 

The  Assembly  shall  have  the  sole  power  of  impeachment,  and  all 
impeachments  shall  be  tried  by  the  Senate.  When  sitting  for  that 
purpose,  the  Senators  shall  be  upon  oath  or  affirmation,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
elected.     {Constitution,  art.  IV,  sec.  17.) 


SEC    391. 

WHO   MAY   BE   IMPEACHED— OTH  ER  OFFICERS. 

The  Governor,  Lieutenant  Governor.  Secretary  of  State,  Controller, 
Treasurer,  Attorney  General,  Surveyor  General,  Chief  Justice  and 
Associate  Justices  of  the  Supreme  Court,  Judges  of  the  District  Court 
of  Appeal,  and  Judges  of  the  Superior  Courts,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office ;  but  judgment  in  such  cases  shall 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  139 

extend  only  to  removal  from  olfice,  and  disqualification  to  hold  any 
ofifice  of  honor,  trust,  or  profit  under  the  State ;  but  the  party  convicted 
or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial  and  punish- 
ment according  to  law.  All  other  civil  otficers  shall  be  tried  for  misde- 
meanor in  office  in  such  manner  as  the  Legislature  may  provide.  iCon- 
stitufion,  art.  IV,  sec.  18.) 


SEC.   392. 

THE    SEVERAL    COURTS    OF   THIS    STATE. 

The  following  are  the  courts  of  justice  of  tliis  State : 

1.  The  Court  of  Impeachment: 

2.  The  Supreme  Court: 

3.  The  Superior  Court: 

4.  The  Justices'  Court: 

5.  The  Police  Courts,  and  such  other  inferior  courts  as  the  Legisla- 
ture may  estal)lish  in  any  incorporated  city  or  town,  or  city  and  county. 

(6.  District   Courts   of  Appeal   are   provided  for   by   constitutional 
amendment  of  1904.)      (Code  of  Civil  Procedure,  sec.  33.) 

X.  B. — The  above  section  is  the  substance  of  sec.  1  of  art.  VI  of  the  Constitution. 


SEC.  393. 

COURTS   OF    RECORD. 

The  courts  enumerated  in  the  first  three  subdivisions  of  the  last  pre- 
ceding section  are  courts  of  record.      (Code  of  Civil  Procedure,  sec.  34.) 


SEC     394 

MEMBERS   OF   THE   COURT. 

The  court  of  iiiipcaclHiieut  is  the  Senate;  when  sittinu'  as  sueh  court 
the  Senators  shall  be  upon  oath  :  and  at  least  two-thirds  of  the  members 
elected  shall  be  necessary  to  constitute  a  (juorum.  (Code  of  Civil  Pro- 
cedure, sec.  36.) 


SEC.   395. 

JURISDICTION. 

The  court  has  jurisdiction  to  try  iuq)eaehnients,  when  presented  by 
the  Assembly,  of  the  (xovernor.  Lieutenant  (Jovernor,  Secretary  of 
Stute.  ControHer.  Treasurer,  Attorney  (Jenei'al.  Surveyor  (Jeneral, 
Chief  Justice  of  the  Supreme  Court.  Associate  Justiees  of  the  Supreme 
CouT-t.  and  Judges  of  the  Superior  Courts,  for  any  misdenieaiioi-  in 
office.      (Code  of  Civil  Procedure,  srr.  37.') 


SEC    396 

OFFICERS   OF   THE   COURT. 

The  officers  of  the  Senat<'  ar<-  the  .»nierrs  of  the  .•(.urt.      'Cud,    of 
Civil  Procedure,  sec.  38.) 


140  LEGISLATIVE   MANUAL   AXD   FORM   BOOK. 

SEC.   397. 

TRIAL    OF    IMPEACHMENTS    PROVIDED    FOR    IN    PENAL    CODE. 

Proceedings  on  the  trial  of  impeachments  are  provided  by  the  Penal 
Code.     (Code  of  Civil  Procedure,  sec.  39.) 

SEC  398. 

PROCEEDINGS    TO     IMPEACH     OR     REMOVE    OFFICERS    AND    OTHERS 

PRESERVED. 

The  omission  to  specify  or  affirm  in  this  code  any  ground  of  forfeiture 
of  a  public  office,  or  other  trust  or  special  authority  conferred  by  law, 
or  any  power  conferred  by  law  to  impeach,  remove,  depose,  or  suspend 
any  public  officer  or  other  person  holding  any  trust,  appointment,  or 
other  special  authority  conferred  by  law.  does  not  affect  such  forfeiture 
or  power,  or  any  proceeding  authorized  by  law  to  carry  into  effect 
such  impeachment,  removal,  deposition,  or  suspension.  {Penal  Code, 
sec.  10.) 


SEC    3°9 

OFFICERS    LIABLE    TO    IMPEACHMENT. 

The  Governor,  Lieutenant  Governor,  Secretary  of  State,  Controller, 
Treasurer.  Attorney  General.  Surveyor  General,  Chief  Justice.  Asso- 
ciate Justices  of  the  Supreme  Court,  and  Judges  of  the  Superior  Courts, 
are  liable  to  impeachment  for  any  misdemeanor  in  office.  {Penal  Code, 
sec.  737.) 


SEC.   4C0. 

ARTICLES,    HOW    PREPARED.     TRIAL    BY  SENATE. 

All  impeachments  must  be  by  resolution  adopted,  originated  in,  and 
conducted  by  the  managers  elected  by  the  Assembly,  who  must  prepare 
articles  of  impeachment,  present  them  at  the  bar  of  the  Senate,  and 
prosecute  the  same.  The  trial  must  be  had  before  the  Senate,  sitting 
as  a  court  of  impeachment.     (Penal  Code,  sec.  738.) 


SEC     401 

DELIVERY    OF    ARTICLES    OF    IMPEACHMENT. 

When  an  officer  is  impeached  by  the  Assembly  for  a  misdemeanor 
in  office,  the  articles  of  impeachment  must  be  delivered  to  the  President 

of  the  Senate.     {Penal  Code,  sec.  739.) 


SEC.   402. 

TIME  OF  HEARING.  SERVICE  ON  DEFENDANT. 

The  Senate  must  assign  a  day  for  the  hearing  of  tlie  impeachment 
and  inform  the  Assembly  thereof.  The  President  of  the  Senate  must 
cause  a  copy  of  the  articles  of  impeachment,  with  a  notice  to  appear 
and  answer  the  same  at  the  time  and  place  appointed,  to  be  served  on 
the  defendant  not  less  than  ten  days  before  the  day  tixed  for  the  hearing. 
{Penal  Code,  sec.  740.) 


LEGISLATIVE    MANUAL    AND   FORM   BOOK.  141 

SEC.  403. 

SERVICE  IN   IMPEACHMENT.  HOW  MADE. 

The  service  must  be  made  upon  the  defendant  personalh'.  or  if  he  can 
not.  upon  diligent  inquiry,  he  found  within  tlie  State,  the  Senate,  upon 
proof  of  that  fact,  may  order  puhlieation  to  be  made,  in  such  manner 
as  it  may  deem  proper,  of  a  notice  re(|uiring  him  to  appear  at  a  specified 
time  and  place  and  answer  tlie  articles  of  impeachment.  (Penal  Code, 
sec.  741.) 


SEC.   404. 

PROCEEDINGS  ON    FAILURE  TO  APPEAR   IN   IMPEACHMENT. 

If  the  defendant  does  not  appear,  the  Senate,  upon  proof  of  service 
or  publication,  as  provided  in  the  two  last  sections,  nuiy,  of  its  own 
motion  or  for  cause  shown,  assign  another  day  for  hearing  the  impeach- 
ment, or  may  proceed,  in  the  absence  of  the  defendant,  to  trial  and 
judgment.     {Penal  Code,  sec.  742.) 


SEC.  405. 

DEFENDANT,  AFTER  APPEARANCE,  MAY  ANSWER  OR  DEMUR. 

AVhen  the  defendant  appears,  lie  may  in  writing  object  to  the  suffi- 
ciency of  the  articles  of  impeachment,  or  he  may  answer  the  same  by  an 
oral  plea  of  not  guilty,  wliich  plea  must  ])e  entered  upon  the  .Journal, 
and  puts  in  is.sue  every  material  allegation  of  the  articles  of  impeach- 
ment.    iPcual  Codo.  ftfc.  743.) 


SEC.  406. 

IF  DEMURRER  IS  OVERRULED,  DEFENDANT  MUST  ANSWER. 

If  the  objection  to  the  sufficiency  of  the  articles  of  im])eachiiieiit  is 
not  su.stained  by  a  majority  of  the  members  of  the  Senate  who  heard  the 
argument,  the  defendant  inust  be  ordered  forthwith  to  answer  the 
articles  of  impeachment,  if  he  then  pleads  guilty,  or  refuses  to  ])b'ad. 
the  Senate  must  render  judgment  of  conviction  against  him.  if  he 
plead  not  guilty,  the  Senate  must,  at  such  time  as  it  may  appoint.  i)ro 
ceed  to  try  the  impeachmcnl.     i  P(  iial  Code,  sec.  744.) 


SEC.   407. 

SENATE   TO    BE   SWORN. 

At  the  linii'  and  ])\iu-f  api)ointrd.  and  brlon' M  lir  Scnati-  i>i-o<-t'<'ds  to 
act  on  the  iinix-aclinicnt.  tiie  Sccivtai-y  nnist  achninistcr  to  tlit-  I'lvsi- 
dent  of  tlic  Senate,  and  the  l*resi(h'nl  of  the  Senate  to  each  of  the  nn-m- 
bers  of  tlie  Senate  tiien  present,  an  oath  ti-uly  and  impartially  to  hear, 
try.  and  determine  tlie  inij)eaehnient  ;  and  no  member  of  the  Senate  ean 
act  or  vote  upon  the  imi>eaehment.  or  upon  any  (|neslioii  arising  lli<reon. 
without  liaving  taken  such  oath.      '  /'-  /"//  ('"d< .  s,i\  lA^r) 


142  LEGISLATIVE   MANUAL   AXD   FORM   BOOK. 

SEC.   408. 

TWO-THIRDS   NECESSARY  TO  A  CONVICTION. 

The  defendant  can  not  lie  convicted  on  impeachment  without  the 
concurrence  of  two-thirds  of  the  meraber.s  elected,  voting  by  ayes  and 
noes,  and  if  two-thirds  of  the  members  elected  do  not  concur  in  a  con- 
viction he  must  be  acquitted.     (Penal  Code,  sec.  746.) 


SEC.   409. 

JUDGMENT    ON    CONVICTION,    HOW    PRONOUNCED. 

After  conviction  the  Senate  must,  at  such  time  as  it  may  appoint, 
pronounce  judgment,  in  the  form  of  a  resolution  entered  upon  the 
journals  of  the  Senate.     (Penal  Code,  sec.  747.) 


SEC.  410. 

JUDGMENT  ON   CONVICTION,  WHEN    FINAL. 

On  the  adoption  of  the  resolution  by  a  majority  of  the  members 
present  who  voted  on  the  question  of  acquittal  or  conviction,  it  becomes 
the  judgment  of  the  Senate.     (Penal  Code,  sec.  748.) 


SEC.   411. 

NATURE    OF   THE    JUDGMENT. 

The  judgment  may  be  that  the  defendant  be  suspended,  or  that  he  be 
removed  from  office  and  disqualified  to  hold  any  office  of  honor,  trust, 
or  profit  under  the  State.     (Penal  Code,  sec.  749.) 


SEC.  412. 

EFFECT    OF    JUDGMENT    OF    SUSPENSION. 

If  judgment  of  suspension  is  given,  the  defendant,  during  the  con- 
tinuance thereof,  is  disqualified  from  receiving  the  salary,  fees,  or 
emoluments  of  the  office.     (Penal  Code,  sec.  750.) 

SEC.  413. 

OFFICER.   WHEN    IMPEACHED.    DISQUALIFIED    UNTIL   ACQUITTED. 
GOVERNOR    TO    TEMPORARILY    FILL    VACANCY. 

AYheu  articles  of  impeachment  against  any  officer  subject  to  impeach- 
ment are  presented  to  the  Senate,  such  officer  is  temporarily  suspended 
from  his  office,  and  can  not  act  in  his  official  capacity  until  he  is 
acquitted.  Upon  such  suspension  of  any  officer  other  than  the  Gov- 
ernor, his  office  must  at  once  be  temporarily  filled  by  an  appointment 
made  by  the  Governor,  with  the  advice  and  consent  of  the  Senate,  until 
the  acquittal  of  the  party  impeached;  or,  in  case  of  his  removal,  until 
the  vacancy  is  filled  at  the  next  election,  as  required  by  law.  (Penal 
Code,  sec.  751.) 


LEGISLATIVE   MANUAL    AND   FORM    BOOK.  143 

SEC.  414. 

PRESIDING   OFFICER   WHEN    LIEUTENANT  GOVERNOR   IS   IMPEACHED. 

If  the  Lieutenant  (Jovernor  is  impeached,  notice  of  the  impeachment 
must  be  immediately  given  to  the  Senate  by  the  Assembly,  that  another 
President  may  be  chosen.     {Penal  Code,  sec.  752.) 


SEC.  415. 

IMPEACHMENT    NOT    A    BAR    TO    INDICTMENT. 

If  the  offense  for  ■s\-hich  the  defendant  is  convicted  on  impeachment  is 
also  the  subject  of  an  indictment  or  information,  the  indictment  or 
information  is  not  barred  thereby.     {Penal  Code,  sec.  753.) 


PART  A^     AVITNESSES. 

SEC.  416. 

SUBPCENAS. 

A  subpcena  requiring  the  attendance  of  any  witness  before  either 
house  of  the  Legislature  or  a  committee  thereof  may  be  issued  l)y  the 
President  of  the  Senate,  Speaker  of  the  House,  or  the  chairman  of  any 
committee  before  whom  the  attendance  of  the  witness  is  desired:  and 
it  is  sufficient  if : 

1.  It  states  whether  the  proceeding  is  before  the  Assembly  or  Senate 
or  a  committee; 

2.  It  is  addressed  to  the  witness : 

3.  It  requires  the  attendance  of  such  witness  at  a  time  and  place 
certain ; 

4.  It  is  signed  by  the  President  of  the  Senate,  Speaker  of  the  Assem- 
blv.  or  chairman  of  a  committee.     (Political  Co<h\  srr.  300.) 


SEC.   417. 

SERVICE  OF  SUBPCENA. 

The  .subpuMia  may  he  .served  1)\  aii\  persmi  wlio  luiirht  he  a  witnt'.s.s  in 
the  matter,  and  his  affidavit  that  he  delivered  a  copy  to  the  wiliiess  is 
evidence  of  ]]']<  ser\ii*e.     ( I'olifical  ('(xh ,  .•■«<•.  3t)L) 


SEC.  418. 

FAILURE    OF    WITNESS   TO    APPEAR.   CONTEMPT. 

If  any  witness  negh'cts  or  refuses  to  ol)e\-  sueli  suhpiena.  m-  ;q)pe;irin;.r. 
neglects  01-  refu.ses  to  testify,  or  to  prod\ici'  ui>oii  reasoiiaI)le  notice  any 
material  and  i)roper  ])ooks,  papers  or  doeuiiieiits  in  his  possession  or 
under  his  control,  the  Senate.  Assembly  or  any  (Munmillee  thereof  may 
l)y  resolution  entered  on  the  .jo\irnal  ef  the  Seii.-ite  or  As.senil»Iy.  or 
niiinites  of  the  conunittee.  as  the  ca.se  may  he.  commit  liini  for  contenqd  ; 
provided,  Jiouuvn-,  that  if  any  such  contempt  l)e  committed  before  such 
committee  during  the  session  of  the  Legislature,  .such  connnitlee  shall 
report  the  conteinpt  to  the  Senate  or  A.ssenil)ly.  as  the  case  may  he.  for 
such  action  as  may  Ix-  deenuvj  necessary  hy  the  Senate  or  Asseinhly. 
(Poldiral  Cndr.  sn  .  .'.(I'i.) 


144  LEGISLATIVE    MANUAL   AND   FORM   BOOK. 

WARRANT    OF    ARREST. 

Any  -witness  neglecting  or  refusing  to  attend  in  obedience  to  sul)- 
poena'may  be  arrested  by  the  Sergeant-at-Arms  and  brought  before  the 
Senate,  Assembly  or  committee  thereof,  as  the  case  may  be.  The  only 
warrant  or, authority  necessary  authorizing  such  arrest,  is  a  copy  of  a 
resolution  of  the  Senate,  the  Assembly  or  committee  signed  by  the 
President  of  the  Senate,  Speaker  of  the  Assembly  or  chairman  of  the 
committee,  as  the  case  may  be,  and  countersigned  by  the  Secretary  of 
the  Senate,  the  Clerk  of  the  Assembly  or  a  majority  of  the  members  of 
auA'  such  committee,  as  the  case  may  be.     {Political  Code,  sec.  303.) 


SEC.   420. 

WITNESSES    NOT   TO    BE    HELD   TO   ANSWER    CRIMINALLY.      REFUSAL 

TO    TESTIFY. 

No  person  sworn  and  examined  before  either,  house  of  the  legis- 
lature, or  any  committee  thereof,  can  be  held  to  answer  criminally  or 
be  subject  to  any  penalty  or  forfeiture  for  any  fact  or  act  touching 
which  he  is  required  to  testify;  nor  is  any  statement  made  or  paper 
produced  by  any  such  witness  competent  evidence  in  any  criminal  pro- 
ceeding against  such  witness ;  nor  can  such  witness  refuse  to  testify  to 
any  fact  or  to  produce  any  paper  touching  which  he  is  examined,  for 
the  reason  that  his  testimony  or  the  production  of  such  paper  may 
tend  to  disgrace  him  or  render  him  infamous.  Nothing  in  this  section 
exempts  any  witness  from  prosecution  and  punishment  for  perjury 
committed  iDy  him  on  such  examination.     (Political  Code,  sec.  304.) 


SEC.   421. 

WITNESSES    REFUSING   TO   ATTEND,   TESTIFY,   OR    PRODUCE    PAPERS 
BEFORE    THE    LEGISLATURE    OR    COMMITTEES    THEREOF. 

Every  person  who,  being  summoned  to  attend  as  witness  before 
either  house  of  the  Leaislature  or  any  committee  thereof,  refuses  or 
neglects,  without  lawful  excuse.  (1)  to  attend  pursuant  to  such  sum- 
mons :  and  every  person  who,  being  present  before  either  house  of  the 
Legislature  or  any  committee  thereof,  wilfully  (2)  refuses  to  be  sworn 
or  to  answer  any  material  and  proper  question,  or  (3)  to  produce, 
upon  reasonable  notice,  any  material  and  proper  books,  papers,  or 
documents  in  his  possession  or  under  his  control,  is  guilty  of  a  mis- 
demeanor.    {Penal  Code,  sec.  87.) 


SEC.   422. 

FEES    FOR    WITNESSES. 

Witnesses  summoned  to  appear  before  the  House  or  any  of  its 
committees  shall  be  paid  as  follows :  For  each  day  a  witness  shall 
attend,  the  sum  of  three  dollars ;  for  each  mile  he  shall  travel  in  coming 
to  and  going  from  the  place  of  examination,  the  sum  of  ten  cents.  No 
mileage  shall  be  paid  except  where  the  witness  has  actually  traveled 
for  the  purpose  of  giving  testimony.     (Assemhhj  Bide  No.  72.) 


LEGISLATIVE   MANUAL    AND   FORM    BOOK.  145 

CHAPTER  IX. 

MISCELLANEOUS. 

Chapter  Contents. 

Part  I.     The   Governor. 
Sec.  423.   Mcssasros  to  LesLsIaturo.      (Constitutiou.) 
Sec.  424.  When  to  adjourn  Lesislature.      (Constitution.) 
Sec.  425.   When  to  convene  .special  session.s.      (Constitution.) 
Sec.  420.  Approval   and    return   of   bills — Passage   over   veto.      (Constitution.) 
Sec.  427.   Rills  received  by  the  Governor  must  be  indorsed  by  his  Private  Secretary. 

(Political  Code.) 
Sec.  42.S.  Approval  of  bill.s.      (Political  Code.) 
Sec.  420.  Bills  reUu'ned  without  approval.      (Political  Code.) 
Sec.  430.  Return,   when  house  not  in  session.      (Political   Code.) 
Sec.  431.  Bills  remaining  with  the  Governor  more  than  ten  days.      (Political  Code.) 
Sec.  432.  Nominations  to  Senate  must  be  in  writing.      (Political  Code.) 
Sec.  433.  Power  of   the   Governor   to   grant   reprieves,   commutations,   and   pardons. 

(Penal  Code.) 
Sec.  434.  Governor's   power   in   respect   to  convictions   for  treason.      (Penal   Code.) 
Sec.  435.  Governor    to    communicate    to    Legislature    reprieves,    commutations    and 

pardons.      (Penal  Code.) 
Sec.  43r(.   Messengei-s  from  the  Governor  may  be  introduced.      (Senate  rule;  Assem- 
bly   I'ule. ) 
Sec.  437.  Executive  comnuinications  and  nominations  to  committee.      (Senate  rule.) 
Sec.  438.  Joint  address  to  Governor.      (Joint  rule.) 
Sec.  439.  Message   from   the   Governor.      (Form.) 
Sec.  440.  Motion  confirming  appointment  of  Governor.      (Form.) 
Sec.  440^.  Sustaining  Governor's  objection.     (Form.) 

Part  IL     Presiding  Ofbicers. 
Sec.  441.  Per  diem.  etc..  of  Speaker.      (Political  Code.) 

Sec.  442.  Appointment  of  standing  committees  of  Legislature.      (Political  Code.) 
Sec.  442^.  Presiding    officers    to    appoint    membei*s    who    shall    write    arguments    on 

constitutional  amendments.      (Political  Code.) 
Sec.  443.  Speaker  to  preserve  order;   to  decide  points  of  order;   and   may  sjx'ak   to 

same.      (A.sseml)ly   rule.) 
Sec.  444.  Speaker  to  have  direction  of  the  hall  :   may  call  any  member  to  the  chair. 

(Assembl.v  nile. ) 
Sec.  445.   Speaker  to  sign  resolutions,  etc..  attested  by  the  Clerk.      (Assembly  rule.) 
Sec.  44ri.   Speaker   may   order  the  galleries  and   lobby   cleared.      (As.send)ly   rule.) 
Sec.  447.   Speaker   to   call    house   to   order.      (Assembly    rule.) 
Sec.  44S.   Speaker   to   decide   who   is   entitled   to   the   place.      (A.ssenibly    rule.) 
Sec.  440.   .Motions  to  be  stated  by  Speaker,  and  if  desired  shall  be  reduced  (o  writing. 

or  may   be  witlulrawn.      (Assembly   rule.) 
Sec.  4."»4».  Calling  to  order.      (Senate  rule.) 

Sec.  45.5.  Presid<-nt  \)Vi)  Ic-in. — llis  powers  and  pri\  il'gcs.      (.Scuale  rule.) 
Sec.  452.   President   may  order  lobbies  cleared.      (Senate   rule.) 
Sec.  453.  President   may   call    Senator   to  chair.      (S^MUite   rule.) 
Sec.  -154.   A|)i)ointment    to    committees.      (Seriate    rule.) 
Sec.  455.   President    i)ro   tem — His   jtowers   and    privileges.      (  Sena(e    rule,  i 
Sec.  45r;.   Knrolled  l)ills  to  receive  Hignnture  of  pr<iiier  oiru'ers.      (.Ji)int  rule.) 
Sec.  457.   President   and  Speaker  to  sign  bills.      (Joint   rule.) 


10—16821 


146  LEGISLATIVE   MANUAL   AND   FORM   BOOK. 

Part  III.     Other  Officers  a:sd  Attaches. 
Sec.  4.jS.  Officers,  employees  aud  attaches.      (Constitution.) 
Sec.  459.  Duties  of   Secretary  and  Clerk.      (Political   Code.) 
Sec.  4G0.  Resolution  of  concurrence   to   be   transmitted   to    Secretary   of   State   and 

Governor.      (Political  Code.) 
Sec.  461.  Oaths  to  be  transmitted  to  Secretary  of  State.       (Political  Code.) 
Sec.  402.  Duties  of  Assistant  Secretary  aud  A.ssistaut  Clerk.      (Political  Code,  i 
Sec.  403.  Duties  of  Minute  Clerk.      (Political  Code.) 
Sec.  404.  Duties   of   Sergeant-at-Arms.      (Political   Code.) 
Sec.  465.  Duties   of   Assistant    Sergeant-at-Arms.      (Political    Code.) 
Sec.  406.  Duties   of   officers   at  close   of   session.      (Political   Code.    ) 
Sec.  407.  Compensation   of  other  officers  and  employees.      (Salaries  of  officers   and 

attaches  of  the  Senate  and  As.sembly. )      (Political  Code.) 
Sec.  408.  Compensation    for    services    after    close    of    session.      (Political    Code.) 
Sec.  409.  Secretary  and  Clerk  to  keep  register.      (.Toint  rule.) 
Sec.  470.   Secretary    and    Clerk    shall    endor.se    bills.      (Joint    rule.) 
Sec.  471.  Duties   of  the  Secretary.      (Senate   rule.) 

Sec.  472.  Records  or  papers  not  to  be  taken  from  desk.      (Senate  rule.) 
Sec.  473.  Duties  of  Chief  Clerk.      (Assembly  rule.) 
Sec.  474.  Assignment  of  attaches.      (Assembly  rule.) 
Sec.  475.  Duties  of  the  Sergeant-at-Arms.      (Assembly  rule.) 
Sec.  476.  Expenses  of  Sergeant-at-Arms.      (Assembly  rule.) 
Sec.  477.  Assistant  Sergeant-at-Arms  to  be  doorkeeper.      (A.ssembly  rule.) 
Sec.  478.  Sergeant-at-Arms.      (Senate   rule.) 

Sec.  479.  Printed  bills,  etc..  must  be  placed  on   desks.      (Senate  rule.) 
Sec.  480.  Gatekeeper.      (Senate  rule.) 
Sec.  481.  Resolution.      (Form.) 

Part  IY.     Printing. 
Sec.  4S2.  Duties  of   Superintendent  of  State  Printing.      (Political   Code.) 
Sec.  483.  Number  of  documents  to  be  printed.      (Political   Code.) 
Sec.  484.  Laws   and  journals   to   be  printed.      (Political   Code.) 
Sec.  485.  Manner  of  printing.      (Political  Code.) 
Sec.  480.  Specific    duties    of.      (Political    Code.) 
See.  487.  Each   house   to  keep   a  journal.      (Constitution.) 
Sec.  488.  Daily  joui-nal  of  each  house  to  be  printed.      (Political  Code.) 
Sec.  489.  What  shall  be  printed  in  the  journal.   (Senate  rule.) 
Sec.  490.  Elections  by  Legislature  to  be  viva  voce.      (Constitution.) 
Sec.  491.  Record  of  votes  and  petitions.      (Senate  rule.) 

Sec.  492.  On  first  reading  of  a  bill,  vphat  printed  in  the  journal.      (Senate  rule.V 
Sec.  493.  Committee  on  revision  and  printing.      (Joint  rule.) 
Sec.  494.  Numbering  lines  of  bills.      (Joint  iiile.) 
Sec.  495.  Reports  of  committee  on  revision.      (.Joint  rule.) 
Sec.  490.  Form  for  printed  amended  bills.      (Senate  rule.) 
Sec.  497.  Printing  of  bills.      (Assembly  rule.) 
Sec.  498.  Printing  extra  number  of  bills,  etc.      (Assembly  rule.) 
Sec.  499.  Printing  of  maps.      (Assembly  rule.) 
Sec.  500.  Printing.      (Senate  rule.) 

Sec.  501.  Number  of  copies  to  be  printed.      (Senate  rule.) 

Sec.  502.  History  of  bills,  resolutions  and  constitutional  amendments.   (Joint  rule.) 
Sec.  503.  Number  of  copies  to  be  printed  of  journal.      (Senate  rule.) 
Sec.  504.  When  not  in  committee  of  the  whole,  proceedings  must  be  entered  in  the 

journal.      (Senate  rule.) 
Sec.  505.  Printing  for  the  Senate.      (Senate  rule.) 
Sec.  506.  Motion.      (Form.) 
Sec.  507.  Rush  order  to  printer.      (Form.) 


LEGISLATIVE   MANUAL   AND   FORM   BOOK.  147 

Part  V.     Use  of  and  Admission  to  Sexatk  and  Assembly  Chambers. 

Sec.  noS.  Open  tloor.s  and  secret  sessions.      (Constitution.) 

Sec.  509.  Lobbying.      (Assembly  rule.) 

Sec.  510.  Ixibbyiug.      (Senate  rule.) 

Sec.  511.  Press  rules.      (Joint  rule.) 

Sec.  512.  Persons  admitted  to  the  floor.      (Assembly  rule.) 

Sec.  513.  Executive  session.      (Senate   rule.) 

Sec.  514.  Smoking  in  chamber.      (Senate  rule;  Assembly  rule.) 

Sec.  515.  Use  of  Assembly  Chamber.      (Assembly  rule.) 

Sec.  510.  Press  repi'esentatives.      (Form.) 

Sec.  517.  Privilege  of  floor  of  Senate  extended.      (Form.) 

Sec.  51S.  Use  of  Senate  chamber  granted.      (Form.) 

Part    VI.     Attendance.    REMrNERATiON,   Privileges   and   Duties   of   Members. 

Sec.  519.  Privilege    of   members.      (Constitution.) 

Sec.  520.  Compensation    of    members    of    Legislature — Legislative    expenses    limited. 

(Constitution. ) 
Sec.  521.  I'er  diem  and  mileage  of  members  of  Legislature.      (Political   Code.) 
Sec.  522.  Attendance,   duties   and   obligations   of   Senators.      (Senate   rule.) 
Sec.  523.  Members   absenting   themselves.      (Assembly   rule.) 

Part  VII.     Order  of  Bcsiness. 
Sec.  524.   Senate  order  of  business.      (Senate  rule.) 
Sec.  52.5.  A.ssembly  order  of  business.      (Assembly   rules.) 
Sec.  526.  Motion.      (Form.) 

Part   VIII.     Changing   and   Suspending   the   Rules. 
Sec.  527.  Dispensing  with  joint  rules.      (Joint  rule.) 
Sec.  52S.  Suspending  and  changing  As.sembly  rules.      (Assembly  rule.) 
Sec.  529.   Suspending  or  changing   Senate   rules.      (Senate   rule.) 
Sec.  530.  Suspension  of  rules.      (Form.) 

Part  IX.     Penalties  for  Interfering   with  the  Work  of  the  Legislature. 
Sec.  531.  Preventing  the  meeting  or  organization  of  either  branch  of  the  Legislature. 

(Penal   Code.) 
Sec.  532.  Disturbing  the  Legislature  while  in  session.      (I'enal  Code.) 
Sec.  ijS^i.  Altering  draft  of  bill  or  resolution.      (Penal  Code.) 
Sec.  534.  Altering  enrolled  cojjy  of  bill  or  resolution.      (Penal  Code.) 
Sec.  535.  Giving  or  offering  bribes  to  members  of  the  Legislature.      (Penal  Codf. ) 
Sec.  5.30.   Receiving    bribes    by    members    of    the    Legislature.      (Penal    Code.) 
Sec.  537.  Witnesses    refusing    to    attend,    testify,    or    produce    papers    before    thf 

Legislature  or  committees  thereof.      (Penal  Code.) 
Sec.  53S.  Members  of  the  Legislature,  in  addition  to  other  penalties,  to  forfeit  office 

and  be  disqualilied,  etc.      (Penal  Code.) 
Sec.  539.  Lobbying   defined — Punishment    for.      (Constitution.) 
Sec.  540.  Lobbying,   and    iicnally    for.      (Penal   Code.) 


I'AK'T  1.     Till':  (;()\'KK'\(>K". 

SEC    423 

MESSAGES   TO    LEGISLATURE. 

He  shall  coinmunicalc  li\-  incssaj^e  to  the  rjcKislaliirf,  at  ovory  sj'ssion, 
the  condition  of  the  Slate,  and  r('<'()mim'tid  siu-li  matters  a.s  he  shidl 
deem  exfx'dicnt.      (('(mslil iilion,  ml.    V ,  sic.  10.) 


148  LEGISLATIVE   MANUAL    AND   FORM    BOOK. 

SEC.   424. 

WHEN   TO   ADJOURN    LEGISLATURE. 

In  ease  of  a  disagreement  between  the  two  hoii.ses  with  re.speet  to  the 
time  of  adjournment,  the  (Governor  shall  have  power  to  adjonrn  the 
Legislature  to  sueh  time  as  he  may  think  proper;  proi-ided,  if  it  be 
not  beyond  the  time  fixed  for  the  meeting  of  the  next  Legislature. 
{Constitution,  art.  V,  sec.  11.) 


SEC.   425. 

WHEN   TO   CONVENE   SPECIAL   SESSIONS. 

He  may.  on  extraordinary  occasions,  convene  the  Legislature  by 
proclamation,  stating  the  purposes  for  which  he  has  convened  it,  and 
when  so  convened  it  shall  have  no  power  to  legislate  on  any  subjects 
other  than  those  specified  in  the  proclamation.  ])ut  may  provide  for  the 
expenses  of  the  session  and  other  matters  incidental  thereto.  (Const i- 
tution.  art.  V,  sec.  9.) 


SEC.   426. 

APPROVAL  AND   RETURN   OF   BILLS— PASSAGE  OVER   VETO. 

Every  bill  which  may  have  passed  the  Legislature  shall,  before  it 
becomes  a  law,  be  presented  to  the  Governor.  If  he  approve  it.  he  shall 
sign  it :  but  if  not,  he  shall  return  it,  with  his  objections,  to  the  house 
in  which  it  originated,  which  shall  enter  such  objections  upon  the 
Journal  and  proceed  to  reconsider  it.  If.  after  such  reconsideration, 
it  again  pass  both  houses,  by  yeas  and  nays,  two-thirds  of  the  members 
elected  to  each  house  voting  therefor,  it  shall  become  a  law.  notwith- 
standing the  Governor's  objections.  If  any  bill  shall  not  be  returned 
within  ten  days  after  it  shall  have  been  presented  to  him  (Sundays 
excepted),  the  same  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  Legislature,  by  adjournment,  prevents  such  return, 
in  which  case  it  shall  not  become  a  law,  unless  the  Governor,  within 
thirty  days  after  such  adjournment  (Sundays  excepted),  shall  sign 
and  deposit  the  same  in  the  office  of  the  Secretary  of  State,  in  which 
case  it  shall  become  a  law  in  like  manner  as  if  it  had  been  signed  by 
him  before  adjournment.  If  any  bill  presented  to  the  Governor  con- 
tains several  items  of  appropriation  of  money,  he  may  object  to  one 
or  more  items,  while  approving  other  portions  of  the  bill.  In  .such 
case  he  shall  append  to  the  bill  at  the  time  of  signing  it,  a  statement 
of  the  items  to  which  he  objects,  and  the  reasons  therefor,  and  the 
appropriation  so  objected  to  shall  not  take  effect  unless  passed  over 
the  Governor's  veto,  as  hereinbefore  pro\dded.  If  the  Legislature  be 
in  session,  the  Governor  shall  transmit  to  the  house  in  Avhich  the  bill 
originated  a  copy  of  such  statement,  and  the  items  so  objected  to  shall 
be  separately  reconsidered  in  the  same  manner  as  bills  which  have 
been  disapproved  by  the  Governor.      {Constitution,  art.  IV,  sec.  16.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  149 


SEC.  427. 


BILLS    RECEIVED    BY    THE    GOVERNOR    MUST    BE    INDORSED    BY    HIS 
PRIVATE  SECRETARY. 

Every  bill  must,  as  soon  as  delivered  to  the  Ciovernor.  be  indorsed  as 

follows:  "This  bill  was  received  by  the  Governor  this day  of 

eighteen  [nineteen]  "  The  indorse- 
ment must  be  signed  bv  the  private  seeretarv  of  the  Governor.  ( Polii- 
ical  Coch\  sec.  309.) 


SEC.  428. 

APPROVAL   OF    BILLS. 

When  the  Govei-nor  approves  a  bill  he  must  set  his  name  thertno. 
with  the  date  of  hi.s  ajiproval,  and  deposit  the  same  in  the  office  of  the 
Secretary  of  State.  If  any  bill  i)resented  to  the  Governor  contains 
several  items  of  api)ropriation  of  money,  he  may  object  to  one  or  moi"e 
iteiiLS  while  approving'  other  portions  of  the  bill.  In  such  case  he  shall 
append  to  the  bill,  at  the  time  of  signing  it.  a  statement  of  thi-  items 
to  which  he  objects,  and  the  reasons  therefor.  If  the  Legislature  be  in 
session,  the  Governor  shall  transmit  to  the  House  in  which  the  liill 
originated  a  copy  of  such  statement,  and  the  items  so  objected  to  shall 
be  .separately  reconsidered  in  the  same  manner  as  bills  which  have  bci'ii 
disapprovetl  by  the  (Jovernor.    {Political  Codi .  .s(c.  310.) 


SEC.   429. 

BILLS    RETURNED    WITHOUT    APPROVAL. 

"When  a  bill  has  passed  both  houses  of  the  Legislature  and  is  returned 
by  the  Governor  without  his  signature,  and  with  objections  tliereto.  or 
if  it  be  a  bill  containing  several  items  of  api)ropriation  of  money,  with 
objections  to  one  or  more  items,  and  upon  reconsitleration,  such  bill,  or 
item,  or  items,  pass  both  houses  by  the  constitutional  )najority.  the 
bill,  or  item,  or  items  must  be  authenticated  as  having  become  a  law  by 
a  certificate  indorsed  on  or  attached  to  the  bill,  or  indorsed  on  or 
attached  to  the  copy  of  the  statement  of  objections,  in  the  following 
form:  "This  bill  having  been  returned  by  the  Goveriu)r  with  his  objec- 
tions thereto,  and.  after  n-consideration,  having  passed  both  liouses  by 

the  constitutional  majority,  has  become  a  law  this day  of 

A.  1). ;"  or.  "The  following  items  in 

the  within  statement  'naming  them)  having,  after  reconsideration, 
pas.sed  both  houses  In    the  con.stitut ional  majority,  have  become  a  law 

this day  of A.  I). ""  whiih 

indorsement,  signed  by  the  President  of  the  Senate  and  the  Sjx'aker  of 
the  A.ssembly,  is  a  suflicji-nt  authentieatictn  thereof.  Such  hill  or  state- 
ment must  then  l)e  delivered  to  the  (Jovernor.  and  by  him  nuist  be 
deposited  with  the  laws  in  the  office  of  the  Secretary  of  State.  <  I'lilif- 
it  at  Cofh  ,  .sYr.  31 L) 


150  LEGISLATIVE   MANUAL   AND   FORM    BOOK. 

SEC'    430. 

RETURN,  WHEN    HOUSE   NOT   IN    SESSION. 

If.  on  the  day  the  Governor  desires  to  return  a  bill  without  his 
approval  and  with  his  objections  thereto  to  the  house  in  which  it  origi- 
nated, that  house  had  adjourned  for  the  day  (but  not  for  the  session), 
he  may  deliver  the  bill  with  his  message  to  the  Presiding  Officer,  Secre- 
tary, Clerk,  or  any  member  of  such  house,  and  such  delivery  is  as 
effectual  as  though  returned  in  open  session,  if  the  Governor,  on  the 
tirst  day  the  house  is  again  in  session  by  message  notifies  it  of  such 
delivery  and  of  the  time  when  and  the  person  to  whom  such  delivery 
was  made.     {Political  Code,  sec.  312.) 


SEC.  431. 

BILLS    REMAINING    WITH    THE    GOVERNOR    MORE    THAN    TEN    DAYS. 

Every  bill  which  has  passed  both  houses  of  the  Legislature,  and  has 
not  been  returned  by  the  Governor  within  ten  days,  thereby  becoming 
a  law,  is  authenticated  by  the  Governor  causing  the  fact  to  be  certified 
thereon  by  the  Secretary  of  State  in  the  following  form:  ''This  bill 
having  remained  with  the  Governor  ten  days  (Sundays  excepted),  and 

the  Legislature  being  in  session,  it  has  become  a  law  this day 

of A.  D. "  which  certificate  must  be 

signed  bv  the  Secretarv  of  State  and  deposited  with  the  laws  in  his 
office.     (Political  Code,' sec.  313.) 


SEC.   432. 

NOMINATIONS  TO  SENATE   MUST   BE    IN    WRITING. 

Nominations  made  by  the  Governor  to  the  Senate  must  be  in  writing, 
designating  the  residence  of  the  nominee  and  the  office  for  which  he  is 
nominated.     {Political  Code,  sec.  889.) 

SEC.  433. 

POWER   OF  THE   GOVERNOR  TO   GRANT   REPRIEVES,  COMMUTATIONS, 

AND  PARDONS. 

The  Governor  has  power  to  grant  reprieves,  commutations,  and  par- 
dons, after  conviction,  for  all  offenses,  except  treason  and  cases  of 
impeachment,  upon  such  conditions  and  with  such  restrictions  and  limi- 
tations as  he  may  think  proper,  subject  to  the  regulations  provided  for 
in  this  chapter.     {Penal  Code,  sec.  1417.) 

SEC.   434. 

GOVERNOR'S    POWER    IN    RESPECT   TO    CONVICTIONS    FOR   TREASON. 

He  may  suspend  the  execution  of  the  sentence,  upon  a  conviction  for 
treason,  until  the  case  can  be  reported  to  the  Legislature  at  its  next 
meeting,  when  the  Legislature  may  either  pardon,  direct  the  execution 
of  the  sentence,  or  grant  a  further  reprieve;  provided,  that  neither  the 
Governor  nor  the  Legislature  shall  have  power  to  grant  pardons  or 
commutations  of  sentence  in  anv  case  where  the  convict  has  been  twice 


LEGISLATI\^    MAXUAI,    AND    FORM   BOOK.  151 

convicted  of  felony,  after  the  first  day  of  January,  eisrhteen  hundred 
and  eight}^,  unless  upon  the  written  recommendation  of  a  majority  of 
the  judges  of  the  supreme  court.     {Penal  Code,  see.  1418.) 


SEC.  435. 

GOVERNOR    TO    COMMUNICATE   TO    LEGISLATURE    REPRIEVES, 
COMMUTATIONS    AND    PARDONS. 

He  nnist.  at  the  beginning  of  every  session,  communicate  to  the 
Legislature  each  case  of  reprieve,  commutation,  or  pardon,  stating  the 
name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  sentence 
and  its  date,  and  the  date  of  the  commutation,  pardon  or  reprieve,  and 
the  reasons  for  granting  the  same.     {Venal  Code,  see.  1419.) 


SEC.  436. 

MESSENGERS  FROM  THE  GOVERNOR  MAY  BE  INTRODUCED. 

]Mes.sengers  from  the  Governor  may  he  introduced  into  either  house 
of  the  Legislature  at  any  stage  of  business  except  while  a  question  is 
being  put.  while  the  ayes  and  noes  are  being  called,  while  ballots  are 
being  counted  or  while  a  member  is  addressing  the  house.  {Senafc 
BuJc  So.  62.    Assembly  Rule  Xo.  5.) 


SEC.   437. 

EXECUTIVE    COMMUNICATIONS    AND    NOMINATIONS   TO    COMMITTEE. 

"When  executive  communications  or  nominations  shall  be  sent  by  Ihr 
Governor  to  the  Senate  for  their  confirmation,  the  same  shall  lie 
referred  to  the  Committee  on  Rules,  unless  otherwise  ordered  by  Ihr 
Senate,  which  motion  shall  be  detci-niined  wilhoul  dcha1(\  {S(nalc 
Rule  Xo.  38.) 


SEC     438 

JOINT   ADDRESS   TO    GOVERNOR. 

When  the  Senate  and  Assembly  shall  JikI-v  i1  proper  Id  ni.-ikr  a  Joint 
address  to  the  Governor,  it  shall  he  ijre.smtftl  to  him  in  his  audicm-e 
chamber  by  the  President  of  the  Senate  in  the  presence  of  the  Speaker 
of  the  Assembly  and  a  .select  committee  of  si.x  meml)ers  fi-oni  each  hoiise 
appointed  by  the  respective  presiding  officers.     (Join!  Rule  X<>.  1.) 


SEC.   439. 

(■Koini.  » 

MESSAGE   FROM   THE   GOVERNOR. 

'I  lie    l'ollowin>r   iiH'.s.sauc    i-rcrivcd    lidiii    llic    ( idvciiKir    was    rc.itl    and 
ordered  jjrinted  in  the  .jontiial. 


152  LEGISLATIVE    MANUAL   AND    FORM    BOOK. 

SEC.  440. 

(Form.) 

MOTION    CONFIRMING   APPOINTMENT  OF   GOVERNOR. 

Senator^ moved  that  the  Senate  advise  aud  consent 

to  the  several  appointments  of  the  (Tovernor. 

The  President^  put  the  question,  "Will  the  Senate  advise  and  consent 

to   the   appointment   of    of as   a 

member  of  the  Board  of  Managers  of  the State  Hospital, 

vice resigned''?"' 

The  roll  was  called,  with  the  following  result : 

(roll    CALL.) 

Whereupon  the  President-  announced  that  the  Senate  had  advised 

and  consented  to  the  appointment  of of , 

a  member  of  the  Board  of  Managers  of  the   State 

Hospital,  vice resigned^ 

EXPLANATORY  NOTE. 

'Or  other  presiding  officer. 
■Name  of  place  of  residence. 
'Or  term  expired. 


SEC.    440/2. 

(Form.) 

(SUSTAINING    GOVERNOR'S    VETO.) 

.     (Message  from  the  Governor  announcing  his  objections  to 

Bill  No. ) 

The  question  being,  ''Shall Bill  No. become  a 

law  notwithstanding  the  objections  of  the  Governor?'' 

The  roll  was  called,  and  the  objections  of  the  Governor  sustained 

by  the  following  vote : 

AYE.S — ■ 

Noes — 


PART   II.     PRESIDING   OFFICERS. 


SEC.    441. 


PER  DIEM,  ETC.,  OF  SPEAKER. 

The  Speaker  of  the  Assembly  shall  receive  the  sum  of  ten  dollars  per 
diem  during  the  session  of  the  Legislature,  and  the  same  mileage  and 
sum  for  contingent  expenses  as  members  of  the  Legislature.  (Political 
Code,  sec.  267.) 


SEC.  442. 

APPOINTMENT  OF   STANDING   COMMITTEES   OF    LEGISLATURE. 

All  standing  committees  of  the  Senate  and  Assembly  shall  be 
appointed  by  the  presiding  officer  of  the  respective  houses;  provided, 
that  each  house  may  by  resolution,  or  the  rules  thereof,  direct  other- 
wise.    (Political  Code,  sec.  248.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  153 

SEC.    4421/2. 

PRESIDING    OFFICERS    TO    SELECT    MEMBERS    OF    LEGISLATURE    TO 
WRITE    ARGUMENTS    FOR    AND    AGAINST    CONSTITU- 
TIONAL    AMENDMENTS. 

AYlienever  the  Legislature  shall  propose  any  amendiiients  to  the 
Constitution  of  this  State,  which  amendment  shall  have  been  passed  in 
the  manner  required  by  section  one  of  article  eijihteen  of  the  Con- 
stitution, the  author  of  such  amendment  and  one  member  of  the  same 
house  Avho  voted  with  the  majority  on  the  submis.sion  of  such  amend- 
ment and  one  member  of  the  same  house  as  the  autlior  who  voted  with 
the  minority  against  the  submission  of  such  amendment,  both  of 
whom  .shall  be  selected  by  the  presiding  officer  of  such  house,  before  the 
adjournment  of  the  Legislature,  and  they  shall  within  one  year  after 
the  adjournment  of  the  Legislature  prepare  a  brief  statement  showing 
the  purpose  of  the  proposed  amendments,  etc.  *  *  *  (Political  Code, 
sec.  1195.) 


SEC.  443. 

SPEAKER  TO  PRESERVE  ORDER;  TO  DECIDE  POINTS  OF  ORDER:  AND 
MAY  SPEAK  TO  SAME. 

He  shall  preserve  order  and  decorum  ;  may  speak  to  points  of  order 
in  preference  to  other  members,  rising  from  his  seat  for  that  pui-pose ; 
and  shall  decide  (juestions  of  order,  sul)ject  to  an  appeal  to  the  House 
by  any  member,  on  which  appeal  no  membei-  shall  speak  more  tlian 
oiice.  unless  bv  leave  of  the  House.     {Assanhhi  h'uU  Xo.  20.) 


SEC.   444. 

SPEAKER     TO     HAVE     DIRECTION     OF     THE     HALL:     MAY     CALL     ANY 
MEMBER  TO  THE   CHAIR. 

He  shall  have  general  direction  of  the  hall.  He  shall  have  a  I'iglil  to 
name  any  member  to  perform  the  duties  of  the  Chair,  but  such  substi- 
tutions shall  not  extend  l)eyoiid  an  adjournment.  (Assiiiihhi  h'ldc 
Xo.  21.1 


SEC.  445. 

SPEAKER  TO  SIGN  RESOLUTIONS,  ETC..  ATTESTED  BY  THE  CLERK. 

All  ads.  addresses,  and  joiiil  n'solutinris  shall  l>i'  .simird  li\  llu- 
Speaker,  and  all  wi'its.  warrants,  and  suhpceiias  issued  by  (irdei-  of  the 
Hou.se  .siiall  be  under  his  hand,  attested  by  the  Clerk.  iA.sstnibl!)  h'lilr 
Xo.  22. ) 


SEC.  446. 

SPEAKER  MAY  ORDER  THE  GALLERIES  AND  LOBBY  CLEARED. 

In  case  of  any  dislurbanee  or  disorderly  .-(luduel  in  (he  i^ailerie.s  or 
lol)l)v.  or  whenever  lie  shall  deem  it  necessary,  the  Speaker  (or  <  "hair- 
man"  of  tJK'  Committee  of  the  Whole  Hon.sei  shall  have  power  to  order 
tlie   same    to    be    cleared.       ( .\  ss)  iiihl H    h'lih      \"     2:{.) 


154  LEGISLATIVE    MANUAL   AND    FORM   BOOK. 

SEC.   447. 

SPEAKER  TO  CALL  HOUSE  TO  ORDER. 

The  Speaker,  or,  in  his  absence,  the  Speaker  pro  tern.,  slinll  take  the 
chair  precisely  at  the  honr  appointed  for  meeting,  and  shall  imme- 
diately call  the  House  to  order.  In  the  absence  of  both  the  Speaker 
and  Speaker  pro  tem.,  the  Chief  Clerk,  or  an  a.ssi.stant,  .shall  call  the 
House  to  order,  whereupon  a  Chairman  shall  be  elected  from  among 
the  members  to  preside.     (AssemhJy  Rule  No.  10.) 

SEC.   448. 

SPEAKER  TO  DECIDE   WHO   IS   ENTITLED  TO  THE   PLACE. 

When  two  or  more  members  shall  rise  at  once,  the  Speaker  shall  name 
the  member  who  is  first  to  speak.     (Assemhhj  Biilc  No.  38.) 

SEC.  449. 

MOTIONS   TO    BE    STATED    BY    SPEAKER,   AND    IF    DESIRED   SHALL    BE 
REDUCED  TO  WRITING,  OR   MAY   BE  WITHDRAWN. 

No  motion  shall  be  debated  until  the  same  be  seconded  and  distinctly 
announced  by  the  Speaker;  and  it  shall  be  reduced  to  writing,  if  desired 
by  the  Speaker,  or  any  member,  and  be  read  by  the  Clerk,  before  the 
same  shall  be  debated.  A  motion  may  be  Avithdrawn.  by  leave  of  the 
Plouse.  at  anv  time  before  amendment  or  decision.  (A.<;semhJ>i  Bule 
No.  42.)  " 


SEC.   450. 

CALLING   TO   ORDER. 

The  President,  President  pro  tem.,  or  senior  member  present,  shidl 
call  the  Senate  to  order  at  the  hour  stated,  and  if  a  cpiorum  l)e  present 
proceed  with  the  order  of  business.     {Senate  Rule  No.  2.) 


SEC.  451. 

PRESIDENT— HIS   POWERS   AND   PREROGATIVES. 

The  rooms,  passages,  and  buildings  set  apart  for  the  iLse  of  the  Seimte 
shall  be  under  the  control  and  direction  of  the  President  of  the  Senate, 
and  he  shall  have  the  control  and  direction  of  the  journals,  papers,  and 
bills  of  the  Senate.  He  shall  see  that  all  officers  of  the  Senate  perform 
their  respective  duties,  and  may  assign  places  to  properly  accredited 
newspaper  representatives.     (Senate  Ride  No.  4.) 


SEC.   452. 

PRESIDENT    MAY    ORDER    LOBBIES    CLEARED. 

In  case  of  a  disturbance  or  disorderly  conduct  in  the  lobbies,  the 
President  (or  Chairman  of  the  Committee  of  the  Whole)  shall  have 
power  to  order  the  same  cleared.     (Senate  Rule  No.  5.) 


legislatrt:  manual  and  form  book.  155 

SEC.  453. 

PRESIDENT  MAY  CALL  SENATOR  TO  CHAIR. 

The  President  .shall  have  the  right  to  name  any  Senator  to  perform 
the  duties  of  the  ehair.  who  shall  be  vested,  during  .such  time,  with  all 
the  powers  of  the  President;  bnt  sneh  substitute  shall  not  lose  the  right 
of  voting  on  any  question  while  so  presiding.     (Soiair  Rule  Xn.  6.' 


SEC.  454. 

APPOINTMENT    TO    COMMITTEES. 

All  standing  eommittees  of  the  Senate  shall  be  named  liy  tlie  Presi- 
dent of  the  Senate  unless  otherwise  ordered,  and  the  lirst  named  sliall 
"be  the  chairman  thereof.  All  other  .ommittees  shall  lie  appointed  in 
■such  manner  as  the  Senate  shall  determine.     {Senate  Uulc  Xo.  7. ) 


SEC.   455. 

PRESIDENT    PRO    TEM.— HIS    POWERS    AND    PRIVILEGES. 

The  President  pro  tern,  shall,  in  the  absence  of  the  President,  take 
the  chair  and  call  the  Senate  to  order  at  the  hour  of  the  meetings  of  the 
Senate,  and  have  the  same  poAver  as  the  President ;  but  the  Presulent 
pro  tern,  shall  vote  only  as  any  other  member  of  the  Senate.  (Soiatr 
Rule  Xo.  0.) 

SEC.  456. 

ENROLLED    BILLS    TO    RECEIVE    SIGNATURE    OF    PROPER    OFFICERS. 

After  a  l)ill  shall  have  passed  both  houses,  it  shall  be  duly  m rolled 
and  carefully  compared  by  the  Engrossing  and  Enrolling  Clerk  and 
Engrossing  and  Enrolling  Committee  of  the  As.scmbly.  or  of  the  Senale. 
as  the  bilfmay  have  originated,  and  shall  rirst  receive  the  signatures  of 
the  presiding  officer  and  clerk  or  secretary  of  the  hou.se  in  which  it 
emanated,  before  it  shall  be  presented  to  the  Governor  of  the  State. 
(Joint  Rvlr  Xo.  21.) 


PRESIDENT    AND    SPEAKER    TO    SIGN    BILLS. 

After  the  examination  ;iiid  r<'p(.rt.  each  bill  sliall  be  siirncd  in  llir 
respective  hou.ses.  tirst  l»y  the  Speaker  of  the  yVsscmlil.w  iIk'h  l»y  the 
Pre.sidcJit  «.f  tli.'  Senate.      (Joint  h'lilr  Xo.  23.) 


PAKT    111.     ()Tlii:b'    (H-"  KICK  US    .WD    .\TT.\('IIKS. 

N.    B. — See  alfo  Hootlons   15-18. 

SEC.   458. 

OFFICERS,    EMPLOYEES    AND    ATTACHES. 

The  Legislature  may  also  provide  for  the  em|)l<)yiiieiil  of  help:  but 
in  no  case  .sliall  the  total  expense  for  (.nieers.  emplMyees  and  atlaelies 
exceed  the  sum  of  five  hundred  dolhirs  per  day  for  either  Imu.se.  at  Jiny 
regiibir  ..r   biennial   .session,    nor   the  sniii   nf  two   hundred   dollars   i»er 


156  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

day  for  either  house  at  any  special  or  extraordinary  session ;  nor  shall 
the  pa,y  of  any  officer,  employee  or  attache  be  increased  after  he  is 
elected   or   appointed.      (ConsfUuiion.   art.   IV,   sec.   23a.) 


SEC.  459. 

DUTIES  OF  SECRETARY  AND  CLERK. 

The  Secretary  of  the  Senate  and  the  Chief  Clerk  of  the  Assembly  must 
attend  each  day,  call  the  roll,  read  the  journal  and  bills,  and  superin- 
tend all  copying  necessary  to  lie  done  for  their  respective  houses. 
(Political  Code,  sec.  253.) 


SEC.   460. 

RESOLUTION  OF  CONCURRENCE  TO  BE  TRANSMITTED  TO  SECRETARY 
OF    STATE    AND    GOVERNOR. 

Whenever  the  Senate  concurs  in  a  nomination,  its  Secretary  must 
immediately  deliver  a  copy  of  the  resolution  of  concurrence,  certified 
by  the  President  and  Secretary,  to  the  Secretary  of  State,  and  another 
copv.  certified  bv  the  Secretarv,  to  the  Governor.  {Political  Code, 
sec' 890.) 


SEC.  461. 

OATHS  TO  BE  TRANSMITTED  TO  SECRETARY  OF  STATE. 

The  Secretary  of  the  Senate  and  the  Chief  Clerk  of  the  Assembly  are 
reciuired  by  law  to  file  as  expeditiously  as  possible  with  the  Secretary 
of  State  certified  copies  of  the  oath  of  office  of  each  member  and  officer 
of  their  respective  houses.     {Political  Code,  sec.  909.) 


SEC.   462. 

DUTIES    OF    ASSISTANT    SECRETARY    AND    ASSISTANT    CLERK. 

The  assistant  secretaries  of  the  Senate  and  the  assistant  clerks  of  the 
Assembly  must  take  charge  of  all  bills,  petitions,  and  other  papers  pre- 
sented to  their  respective  houses,  file  and  enter  the  same  in  the  books 
l)rovided  for  that  purpose,  and  perform  such  other  duties  as  may  be 
directed  by  the  Secretary  of  the  Senate  and  Chief  Clerk  of  the 
Assembly.     (Political  Code,  sec.  254.) 


SEC.  463. 

DUTIES   OF    MINUTE    CLERK. 

The  minute  clerk  of  the  Senate  and  the  minute  clerk  of  the  Assembly 
must  keep  a  correct  record  of  the  proceedings  of  their  respective  houses. 
(Political  Code,  sec.  255.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  157 

SEC.  464. 

DUTIES    OF    SERGEANT-AT-ARMS. 

The  Sergeant-at-Arnis  of  the  Senate  and  the  Sergeant-at-Arms  of  the 
Assembly,  must  give  a  general  .supervision,  under  the  direction  of  their 
presiding  otifieers,  to  the  Senate  and  Assembly  chambers,  with  the  rooms 
attached;  attend  during  the  sittings  of  their  respective  bodies,  execute 
their  commands  and  all  process  issued  hy  their  authority;  keep  an 
account  for  pay  and  mileage  of  members,  and  prepare  cheeks  for  same. 
(Political  Code,  sec.  259.) 

SEC.   465. 

DUTIES    OF    ASSISTANT    SERGEANT-AT-ARMS. 

The  Assistant  Sergeaut-at-Arms  of  each  house  must  perform  the 
duties  of  doorkeeper,  prohibit  all  persons,  except  members,  officers,  and 
employees,  and  such  other  persons  as  may  have  the  privilege  of  the 
floor  assigned  them  by  the  rule  of  each  house,  from  entering  witliin 
the  bar  of  the  house,  unless  upon  invitation,  and  keep  order  in  the 
halls  and  lobbies.     (Pulitical  Code,  sir.  2(30.) 

SEC.   466. 

DUTIES    OF   OFFICERS    AT   CLOSE   OF   SESSION. 

The  Secretary  and  assistant  secretaries  of  the  Senate,  and  Chief 
Clerk  and  assistant  clerks  of  the  Assembly,  at  the  close  of  each  session 
of  the  Legislature,  must  mark,  label  and  arrange  all  bills  and  papers 
belonging  to  the  archives  of  their  respective  houses,  and  deliver  them, 
together  with  all  the  ])ooks  of  both  houses,  to  the  Secretary  of  State, 
who  must  certifv  to  tlu'  reception  of  Ihf  same.  {Political  Code.  sec. 
261.) 

SEC.   467. 

COMPENSATION     OF     OTHER     OFFICERS     AND     EMPLOYEES. 
(Salaries   of   Officers   and    Attaches   of   the    Senate.) 

Thci-c  .shall  be  paid  to  the  officers  and  cinpldyccs  of  the  Senate  tlie 
following  salaries:  To  the  Secretary,  ten  dollars  per  day;  to  the  Ser- 
geant-at-Arms. eight  dollars  per  day;  to  one  assistant  secretary  who 
shall  be  clerk  of  the  connnittee  on  printing,  and  to  tlie  minute  clerk, 
who  .shall  also  l)e  clerk  of  the  committee  on  rules,  each,  nine  dollars 
per  day:  to  the  assistant  .secretaries,  a.ssistant  miinite  clerks,  journal 
clerk,  engrossing  and  enrolling  clerk,  tile  clerk  and  history  clerk,  each 
seven  dollars  per  day;  to  the  a.ssistant  sergcanls-al-arms.  hookkeeper  to 
,sergeant-at-arms.  a.ssistant  journal  clerks,  assislant  engrossing  and  en- 
rolling clerks,  assistant  history  clerk  and  assistant  at  ilesk.  each  live 
dollars  per  day;  to  the  chaplain,  four  dollars  per  day;  lo  one  stenog- 
rapher who  shall  b<'  known  as  the  chief  steiiogra|>her.  six  dollars  per 
day;  to  the  other  stenoj^'-raphers.  each  five  dollars  per  day;  to  the  com- 
mittee clerks,  each  four  dollar-s  per  day.  excepting  the  one  clerk  of  the 
judiciary  connnittee  and  one  clerk  of  the  limine*'  committee,  shall 
receive  each  six  dollars  per  day;  postmastci-.  assistant  p(»st master,  cloak- 
room clerk,  and  press  mailing  clerks,  each  four  dollars  per  day;  to  the 
mail  carriers.  trateUeepers.  doorkeepers,  each,  three  dollars  per  day  :  to 
each  page  two  dollars  and  (iftv  cuts  pci-  day.  (I'ulilical  Cixh  .  sir.  2<IS. 
as  aim  ndtd  Man  25.  li)15.  ) 


158  LEGISLATIVE    MANUAL   AND   FORM    BOOK, 

(Salaries  of  Officers  and  Attaches  of  Assembly.) 

There  shall  be  paid  to  the  officers  aud  employees  of  the  Assembly  the 
following  salaries :  To  the  Clerk,  ten  dollars  per  day ;  to  the  Sergeant- 
at-Arms,  eight  dollars  per  day ;  to  one  assistant  clerk,  who  shall  be  clerk 
of  the  committee  on  public  printing,  and  to  the  minute  clerk,  who  shall 
also  be  clerk  of  the  committee  on  rules,  each,  nine  dollars  per  day ;  to 
the  assistant  clerlvs,  assistant  minute  clerks,  journal  clerk,  engrossing 
and  enrolling  clerk,  file  clerk  and  history  clerk,  each,  seven  dollars  per 
day;  to  the  assistant  sergeant-at-arms.  bookkeeper  to  sergeant-at-arms, 
clerk  to  the  sergeant-at-arms.  assistant  journal  clerks,  assistant  engross- 
ing and  enrolling  clerlvS,  each  five  dollars  per  day ;  to  one  stenographer 
who  shall  be  known  as  the  chief  stenographer,  six  dollars  per  day; 
to  the  other  stenographers,  each  five  dollars  per  day ;  to  the  committee 
clerks,  each  four  dollars  per  day.  except  that  one  clerk  of  the  ways  and 
means  committee  and  one  clerk  of  the  judiciary  committee  shall  each 
receive  six  dollars  per  day;  chaplain,  postmaster  and  assistant  post- 
master, each  four  dollars  per  day ;  to  the  mail  carrier,  gatekeepers  and 
doorkeepers,  janitress  to  the  ladies'  cloakroom,  each  three  dollars  per 
day;  to  each  page,  two  dollars  and  fifty  cents  per  day.  {Political  Code^ 
sec.  268,  as  amended  May  25.  1915.) 


SEC.  468. 

COMPENSATION    FOR   SERVICES   AFTER   CLOSE   OF   SESSION. 

For  services  performed  under  the  provisions  of  section  two  hundred 
and  sixtv-one  of  this  code,  each  of  the  officers  therein  named  receive  a 
compensation  of  fifty  dollars.     {Political  Code,  sec.  269.) 


SEC.  469. 

SECRETARY  AND  CLERK  TO  KEEP  REGISTER. 

The  Secretary  of  the  Senate  and  Clerk  of  the  A.ssembly  shall  keep 
a  register,  in  which  shall  be  recorded  every  action  taken  by  the  Senate 
and  Assembly  on  every  bill,  concurrent  or  joint  resolution,  or  constitu- 
tional amendment.     {Joint  Piulc  No.  26.) 


SEC.  470. 

SECRETARY  AND  CLERK  SHALL   ENDORSE   BILLS. 

The  Secretarv  of  the  Senate  and  Clerk  of  the  Assembly  shall  endorse 
on  every  original  bill  a  statement  of  any  action  taken  by  the  Senate 
and  Assembly.     {Joint  Bide  No.  27.) 


SEC.  471. 

DUTIES  OF  THE  SECRETARY. 

1.  It  shall  be  the  duty  of  the  Secretary  of  the  Senate  to  attend  every 
session,  call  the  roll,  read  all  bills,  amendments,  resolutions,  and  all 
papers'  ordered  read  by  the  Senate  or  the  presiding  officer. 

2.  To  superintend  all  copying  and  work  to  be  done  for  the  Senate. 
To  have  supervision  over  all"  attaches  and  employees  of  the  Senate.    To 


LEGISLATIVE    MANUAL   AND    FORM    BOOK.  159 

assign,  reassign  or  transfer  all  attaches  or  employees  to  their  respective 
duties.  To  certify  to  and  transmit  to  the  Assembly  all  bills,  joint  and 
concurrent  resolutions,  constitutional  amendments  and  papers  recpiiring 
the  concurrence  of  the  Assembly,  immediately  after  tlieir  pa.ssaiie  or 
adoption  by  the  Senate. 

3.  To  keep  a  correct  journal  of  the  proceeding.s  of  the  Senate. 

4.  To  notify  the  Assembly  of  the  action  by  the  Senate  on  all  matters 
originating  in  the  Assembly,  and  reciniring  action  on  the  part  of  the 
Senate. 

5.  To  permit  no  papers  or  records  belonging  to  the  Senate  to  be  taken 
out  of  its  custody  otherwise  than  in  the  regular  course  of  business. 
{Senate  Rule  No.' 10.) 

N.    B. — See  also  sections   460   and  461. 


SEC.  472. 

RECORDS  OR   PAPERS  NOT  TO  BE  TAKEN    FROM    DESK. 

The  Secretary  of  the  Senate  shall  not  permit  any  records  or  papers 
to  be  taken  from  the  desk,  or  out  of  his  custody,  by  any  person  except 
a  chairman  of  a  committee;  but  he  shall  deliver  any  bill  or  paper  to  be 
printed  to  the  Superintendent  of  State  Printing,  and  all  bills  ordered 
engro.ssed  or  enrolled  to  the  Committee  *on  Engrossment  and  Enroll- 
ment, and  take  receipts  therefor.     (Senate  Rule  Xo.  11.) 


SEC     473 

DUTIES  OF  CHIEF  CLERK. 

The  Chief  Clerk  shall  have  charge  and  su])ervi.sion  of  all  the  clerical 
business  of  the  Assembly.  He  shall  perform  the  duties  imposed  on  him 
by  law  and  the  rules  of  the  Assembly.  He  shall  have  the  supervision 
i»f  all  the  clerks  and  assistants  at  the  desk,  of  all  bill  clerks,  bill  filers, 
stenographers,  and  of  all  committee  attaches,  and  all  i)ages,  and  shall 
be  responsible  for  their  performance  of  and  regular  attendance  upon 
their  duties,  and  shall  have  power  to  sus]>end  any  such  clerk  or  attache 
under  him  for  dereliction  of  duty,  and  shall  rej)ort  to  the  Committee 
on  Attaches  such  suspension  and  the  cause  thereof.  Said  suspended 
clerk  or  attache  shall  not  receive  any  pay  during  the  time  of  such 
suspension.  The  Committee  on  Attaches  shall  have  the  power  to  relieve 
the  attache  or  clerk  of  his  suspension,  and  shall  have  the  power,  subject 
to  the  approval  of  the  House,  to  remove  any  clerk  or  attache  for  incom- 
l)etency  oi-  foi"  wilful  net'lect  of  duty.     ( Ass(  lulthi  h'lih   So.  11.) 


SEC.   474. 

ASSIGNMENT  OF   ATTACHES. 

The  Co)iiiiiitte('  on  Attaches  shall  a.s.sigM  the  euiiuiiittec  e|erl<.s  and  llie 
official  stenograi)hers  of  the  house  to  the  various  eoiuniillees  and.  on 
rcconimendation  of  the  Chief  Clerk,  shall  have  the  authority  to  reassign 
;iriy  clerk  or  attache  umh-r  liiui  to  special  duties  or  other  eonuniltees 
when  the  necessitv  aris*',-,. 


160  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

The  Committee  on  Attaches,  in  co-operation  with  the  Chief  Clerk  and 
Sergeant-at-Arms,  shall  exercise  general  supervision  over  and  shall 
systematize  the  work  of  all  attaches. 

All  assignments  of  committee  clerks  and  stenographers  made  by  the 
Committee  on  Attaches  under  this  rule  shall  be  reported  to  the  House 
and  entered  in  the  .Tournal.     (AssfrnJ>Jij  h'idr  No.  7-4.) 


SEC.  475. 

DUTIES  OF  THE  SERGEANT- AT- ARMS  (ASSEMBLY). 

The  Sergeant-at-Arms  shall  attend  the  House,  during  its  sittings, 
execute  the  commands  of  the  Speaker  of  the  House,  and  serve  all  process 
issued  by  authority  thereof  directed  to  him  by  the  Speaker.  He  shall 
be  sworn  to  keep  the  secrets  of  the  House.  He  shall  also  have  supervi- 
sion over  the  Assistant  Sergeant-at-Arms  and  gatekeepers,  and  shall  be 
responsible  for  their  performance  of  and  regular  attendance  upon  their 
duties,  and  shall  have  power  to  suspend  any  such  attache  under  him  for 
dereliction  of  dut.y.  and  shall  report  to  the  Committee  on  Attaches  such 
suspension  and  the  causes  thereof.  Said  suspended  attache  shall  not 
receive  any  pay  during  the  time  of  such  suspension.  The  Committee 
on  Attaches  shall  have  power  to  relieve  the  attache  of  his  suspension, 
and  shall  have  the  power,  subject  to  the  approval  of  the  House,  to 
remove  any  attache  for  incompetency  or  for  wilful  neglect  of  duty. 
(Assemhhi  Fule  Xo.  24.) 

SEC.  476. 

EXPENSES    OF    SERGEANT-AT-ARMS. 

The  Sergeant-at-Arms  shall  receive  his  actual  traveling  expenses  for 
himself  or  a  special  messenger  when  executing  any  process  issued  by 
the  House  or  bv  anv  ofificer  or  committee  thereof.  (Afn^trmhlij  Rule 
No.  25.) 

SEC.   477. 

ASSISTANT    SERGEANT-AT-ARMS    TO    BE    DOORKEEPER. 

The  Assistant  Sergeant-at-Arms  designated  by  the  Speaker  shall  be 
the  doorkeeper  and  shall  be  sworn  to  keep  the  secrets  of  the  House. 
{Assembly  Rule  No.  26.) 

SEC.   478. 

SERGEANT-AT-ARMS  (SENATE). 

A  Sergeant-at-Arms  shall  be  elected,  to  hold  his  office  during  the 
pleasure  of  the  Senate,  whose  duty  it  shall  be  to  attend  the  Senate 
during  all  of  its  sittings,  to  execute  the  commands  of  the  Senate  from 
time  to  time,  together  with  all  such  process  issued  by  authority  thereof, 
as  shall  be  directed  to  him  by  the  President.  The  Sergeant-at-Arms  is 
authorized  to  arrest  for  contempt  all  persons  outside  the  bar,  or  in  the 
gallery,  found  in  loud  conversation,  or  otherwise  making  a  noise  to  the 
disturbance  of  the  Senate.  The  actual  expenses  of  the  Sergeant-at-Arms 
for  every  arrest,  for  each  day's  custody  and  releasement,  and  the  travel- 
ing expenses  for  himself  and  special  messenger  going  and  returning 
shall  be  paid  out  of  the  contingent  fund,  and  no  other  fees  shall  be  paid 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  161 

him  beyond  his  i)er  diom.  It  shall  also  be  the  duty  of  the  Sergeant-at- 
Arms  to  keep  the  aeeounts  for  pav  and  inileau'e  of  Senators.  (Senate 
Eule  Xo.  12.) 


SEC.   479. 

PRINTED    BILLS.    ETC.,    MUST    BE    PLACED    ON    DESKS. 

The  Sergeant-at-Arm.s  shall  place  copies  of  all  bills,  joint  and  concur- 
rent resolutions,  constitutional  ainendments,  and  journals  and  histories, 
when  printed,  on  the  desks  of  Senators  at  least  one  hour  previous  to  the 
opening  of  session.     (Sotatc  liulc  Xo.  13.) 


SEC.  480. 

GATEKEEPER. 

It  shall  be  the  duty  of  the  gatekeeper  to  prevent  all  persons,  except 
Senators.  ex-Senators,  members  of  the  Assembly.  State  officers,  officers 
of  the  two  honses.  and  such  accredited  newspaper  representatives  as 
have  seats  assigned  to  them  by  the  President,  from  coming  within  the 
bar  of  the  Senate,  unless  upon  written  invitation  of  the  President  or  a 
Senator;  provided,  that  no  visitor  shall  be  allowed  upon  the  tloor  while 
the  Senate  is  in  session.     {Senate  Hide  Xo.  14.) 


SEC.   481. 

(Form.) 

RESOLUTION. 

The  following  resolution  was  ottered : 

By  Senator^ : 

Resolved,  That  the  following  named  persons  be  allowed  the  sums  set  opposite 
their  respective  names,  for  services  rendered  the  Senate'  prior  to  its  organization, 
the  same  being  payable  out  of  the  Contimjent  Fund  :  .  „  ^^ 
,  Secretary  to  the  President',  two  days  at  .156.00 $12  00 

,  Page  to  the  President',  one  day  at  .$li..50 -  oO 

Resolution  read. 

Senator moved  that  the  resolution  be  adopted. 

The  question  being  on  the  adoption  of  the  resolution. 

The  roll  was  called,  and  the  resolution  adopted  bythe  follow  iiig  votf  : 

(ROLL  CALL.) 

RESOH'TION. 

The  following  i'<-solulion  was  otVered  : 

By  Senator' : 

Rfsolved,  That  the  following  named  persons  be  and  they  are  hereby  appointed 
to  the  respective  positions  lieroinafttT  set  forth  as  provided  l)y  law  with  the  compen- 
sation set  opjiosite  their  nanu-s.  i)ayabli'  weekly,  and  the  Controller  is  hereby  directed 
to  draw  iiis  warrants  for  the  said  resiiective  amounts  and  the  Treasurer  is  directed 
lo  piiv  the  same  : 

,  Assistant   .Minnie  Clerk .1>r.  00  per  day 

,  Journal  Clerk 0  W)  per  day 

,    PostmiHtresH 4  (Ml  per  day 

,  Assistanl   Sergeant-at-ArmB 5  00  per  day 

.  AssiKtarit  Journal  Clerk r»  0()  per  day 

,    Stenographer Tj  00  per  day,  etc. 

rNPl.AN'ATOHY  NOTB. 

'Or  .Mr. 

-( )r  .\ssembly. 

■<>r   Speaker. 

1 1  —  }r,k'2l 


162  LEGISLATIVE    MxVNUAL   AND    FORM    BOOK. 

PART  IV.     PRINTING. 

SEC.   482. 

DUTIES   OF   SUPERINTENDENT    OF    STATE    PRINTING. 

It  is  the  duty  of  the  Superintendent  of  State  Printing : 
1.  To  print  the  laws;  the  journals  of  the  Legislature;  reports  of  state 
officers;  public  documents  ordered  to  be  printed  by  the  Legislature; 
blanks  for  the  Supreme  Court,  the  offices  of  Governor,  Secretary  of 
State,  Controller,  Treasurer  of  State,  Superintendent  of  Public  Instruc- 
tion, Attorney  General.  Surveyor  General,  and  Register  of  the  Land 
Office;  the  bills,  resolutions  and  other  job  printing  which  may  be 
ordered  by  either  of  the  two  houses  of  the  Legislature,  and  all  other 
public  printing  for  the  State,  unless  otherwise  expres.sly  ordered  by  law. 
******* 

7.  No  printing  for  the  Senate,  or  any  committee  of  the  same,  shall 
be  executed  except  upon  an  official  order  of  the  Secretary,  and  no  order 
for  any  printing  shall  be  made  by  that  officer  unless  the  same  is  ordered 
by  a  majority  vote  of  the  Senate.  All  printing  done  for  the  Senate  shall 
be  delivered  to  the  Sergeant-at-Arms  of  that  body,  whose  duty  it  shall 
be  to  distribute  one-third  of  the  copies  of  any  document  printed  to  the 
members  of  the  Senate,  and  two-thirds  to  the  Sergeant-at-Arms  of  the 
Assembly,  who  shall  receipt  therefor,  for  distribution  to  the  members 
thereof.  There  shall  be  printed  two  hundred  and  forty  copies  of  all 
bills,  resolutions  and  reports  ordered  printed  by  the  Senate. 

8.  No  printing  for  the  Assembly,  or  any  committee  of  the  same, 
shall  be  executed  except  upon  an  official  order  of  the  Chief  Clerk,  and 
no  order  for  any  printing  shall  be  made  by  that  officer  unless  the  same 
is  ordered  by  a  majority  vote  of  the  Assembly.  All  printing  done  for 
the  Assembly  shall  be  delivered  to  the  Sergeant-at-Arms  of  that  body, 
whose  duty  it  shall  be  to  distribute  two-thirds  of  the  copies  of  any 
document  printed  to  the  members  of  the  Assembly,  and  one-third  to 
the  Sergeant-at-Arms  of  the  Senate,  who  shall  receipt  therefor,  for 
distribution  to  the  members  thereof.  There  shall  be  printed  two  hun- 
dred and  forty  copies  of  all  bills,  resolutions,  and  reports  ordered 
printed  by  the  Assembly. 

9.  The  receipts  of  the  respective  sergeant-at-arms  of  the  Senate  and 
Assembly  shall  be  a  sufficient  voucher  to  the  Superintendent  of  State 
Printing  for  all  work  done  for  either  house.     {Political  Code,  sec.  526.) 


SEC.   483. 

NUMBER    OF    DOCUMENTS    TO    BE    PRINTED. 

Whenever  any  message  or  document,  in  book  form,  is  ordered  printed 
by  either  house,  four  hundred  and  eighty  copies  thereof,  in  addition 
to  the  number  ordered,  must  be  struck  off  and  retained  in  sheets,  and 
bound  wnth  the  journals  of  the  House  ordering  the  same,  as  an  appen- 
dix. Of  bills  ordered  printed,  when  the  number  is  not  fixed  in  the 
order,  there  must  be  printed  two  hundred  and  forty  copies.  {Political 
Code,  sec.  527.) 


LEGISLATIVE    MAXr AL     VXD    FORM    BOOK.  163 

SEC.  484. 

LAWS  AND  JOURNALS  TO  BE  PRINTED. 

There  must  be  printed  of  the  laws  of  each  session  of  the  Legishiture, 
twenty-two  hundred  and  tifty  copies,  in  English,  to  be  deposited  with 
the  Secretary  of  State,  who,  after  retaining  a  siitlRcient  number  of  said 
volumes  for  distribution,  in  accordance  with  the  provisions  of  section 
four  hundred  and  nine  of  the  Political  Code,  shall  deposit  one  hundred 
and  fifty  copies  with  the  State  Librarian ;  the  renuiining  copies  to  be 
sold  at  a  price  not  to  exceed  three  dollars  per  bound  volume ;  the  moneys 
thus  received  to  be  paid  into  the  .state  treasury  at  the  end  of  each 
month,  as  other  fees  are  paid  by  the  Secretary  of  State,  and  for  the 
same  purposes.  AYhenever  any  bill,  .joint  or  concurrent  resolution,  is 
passed  to  enrollment,  by  either  the  Senate  or  Assembly,  the  Committee 
on  Enrollment  of  the  house,  in  which  the  hill,  joint  or  concurrent  reso- 
lution originated,  shall  transmit  the  same,  without  delay,  to  the  Super- 
intendent of  State  Printing,  who  shall  receipt  for  all  such  bills  and 
resolutions,  and  proceed  at  once  to  have  the  same  printed,  in  the  order 
in  which  received,  in  the  measure  prescribed  by  law  for  the  statutes. 
So  soon  a.s  printed,  one  copy,  with  proper  blanks  for  the  signatures  of 
the  officers  whose  duty  it  is  to  sign  enrolled  liills.  shall  be  printed  on 
bond  paper,  which,  together  with  the  engrossed  bill,  shall  be  sent  to  the 
Committee  en  iLnrollment  of  the  house  in  which  the  bill  originated. 
Said  committee  shall  compare  such  copy  with  the  engro.ssed  bill,  and 
if  it  is  found  to  be  correct  shall  present  it  to  the  proper  officers  for 
their  signatures.  When  such  officials  shall  have  signed  their  names 
thereon,  as  required  by  law,  it  shall  be  an  enrolled  bill,  and  shall  be 
transmitted  to  the  Governor  for  his  approval.  If  the  same  is  signed  by 
the  Governor  and  becomes  a  law.  the  printed  law  shall  go  to  the  Secre- 
tary of  State  and  become  the  official  record. 

2.  Whenever  a  law  is  signed  by  the  Governor,  official  notice  shall  be 
forwarded,  in  writing,  to  the  Superintendent  of  State  Printing  of  the 
fact.  Upon  the  receipt  of  said  official  notice,  the  Superinteiulent  of 
State  Printing  sliall  cause  to  be  jirinted.  foi-  the  use  of  the  Legislature, 
two  hundred  and  foi-tv  copies  of  said  law.  joint  or  concurrent  resolu- 
tion, to  be  distributed,  one-third  to  the  Senate  and  two-thirds  to  the 
Assembly,  the  Sergeant-at-Arms  of  the  respective  houses  to  receipt  to 
the  Superintendent  of  State  Printing  for  the  same,  whose  receijit  sliall 
be  a  proper  voucher  for  the  work. 

Number  Printed — Spanish  and  English. 
He  shall  also  cause  to  be  printed  the  requisite  numhei-  ol"  sheets  in 
make  the  number  of  co|)ies  of  the  statutes  re(|uii-ed  by  law  to  be  pi'inted. 
the  one  composition  of  tyfie  to  aiiswei-  the  |)ur|)ose  of  printing  tlie  tlii-ee 
editions:  and  of  such  hiws.  i-esolut ions,  and  nii'niorials  as  may  be  desig- 
nated by  the  iiegislature.  two  liundretl  and  foiMy  copies  in  Spanisii.  Of 
tlie  journals  and  appendices  of  the  Senate  and  Assembly  there  must  be 
printed  .seven  hundred  and  fifty  copies,  in  one  volume  or  more,  as  may 

lie    ri'Miiii'i'd    bv    tile   ^i/c    tllcl'eof. 

Indexing   and    Binding. 

'i'iic  Su|>cj  inteiidciii  oT  Slate  Prinlin.^  shall  have  the  laws,  jour- 
nals of  Senate  and  .\sscmbly.  and  the  a|»|)endices  thereto.  pro|»- 
erly  indexed  and  hound,  the  laws  in  full  law  sheep  bind- 
ing.  an<l   journals   and   appcndi'-i'v.   in    ri;iir   l.iw    xlicrii   hitKlin .nhl.. 


164  LEGISLATIVE    MANUAL   AND    FORM    BOOK. 

sides,  and  deliver  the  same  to  the  Secretary  of  State  for  distribution  as 
soon  as  practicable  after  the  final  adjournment  of  the  Legislature,  and 
the  receipt  of  the  Secretary  of  State  shall  be  his  voucher  therefor. 
(Political  Code,  sec.  528.) 


SEC.   485. 


MANNER    OF    PRINTING. 


Printing  must  be  done  as  follows:  The  laws,  journals,  mes- 
sages, and  other  documents  in  book  form,  must  be  printed  solid, 
with  long  primer  type,  on  good  white  paper ;  each  page,  except 
of  the  laws,  must  be  thirty-three  ems  wide  and  fifty-eight  ems  long, 
including  title,  blank  line  under  it,  and  foot  line ;  of  the  laws  the  same 
length,  and  twenty-nine  ems  wide,  exclusive  of  marginal  notes,  which 
not^s  must  be  printed  in  nonpareil  type,  seven  ems  wide.  Figure  work, 
and  rule  and  figure  work  in  messages,  reports,  and  other  documents  in 
book  form,  must  be  on  pages  corresponding  in  size  with  the  journals, 
if  it  can  be  brought  in  by  using  type  not  smaller  than  minion ;  if  not, 
it  must  be  executed  in  a  form  to  fold  and  bind  with  the  volume.  Blanks 
must  be  printed  in  such  form,  and  on  such  paper,  and  with  such  sized 
type  as  the  officers  ordering  them  may  direct. 

Printing    the    Laws. 

The  laws  must  be  printed  wnthout  chapter  headings,  and  without 
blank  lines,  with  the  exception  of  one  head  line,  one  foot  line,  two  lines 
between  the  last  section  of  an  act  and  the  title  of  the  next  act.  When 
there  is  not  space  enough  between  the  last  section  of  an  act  to  print  the 
title  and  enacting  clause,  and  one  line  of  the  following  act  upon  the 
same  page,  such  title  may  be  printed  upon  the  following  page. 

The  journals  must  be  printed  without  lilank  lines,  with  the  exception 
of  one  head  line,  one  foot  line,  and  two  lines  between  the  journal  of 
one  day  and  that  of  the  following  day.  In  printing  the  words  ayes 
and  noes,  the  word  "ayes"  and  the  word  "noes"  must  be  run  in  with 
the  names.    {Political  Code,  sec.  529.) 


SEC.   486. 

SPECIFIC    DUTIES   OF. 

The  duties  of  the  Superintendent  of  State  Printing  shall  be  as  fol- 
lows :  He  shall  have  the  entire  charge  and  superintendence  of  the  State 
printing  and  binding.  He  shall  take  charge  of  and  be  responsible  on 
his  bond  for  all  manuscripts  and  other  matter  which  may  be  placed 
in  his  hands  to  be  printed,  bound,  engraved  or  lithographed,  and  shall 
cause  the  same  to  be  promptly  executed.  He  shall  receive  from  the 
Senate  or  Assembly  all  matter  ordered  by  either  house  to  be  printed 
and  bound,  or  either  printed  or  bound,  and  shall  keep  a  record  of  the 
same,  and  of  the  order  in  which  it  may  be  received;  and  when  the  work 
shall  have  been  executed,  he  shall  deliver  the  finished  sheets  or  volumes 
to  the  Sergeant-at-Arms  of  the  Senate  or  Assembly,  or  of  any  depart- 
ment authorized  to  receive  them,  whose  receipt  therefor  shall  be  a 
sufficient  voucher  to  the  said  Superintendent  of  State  Printing  for  their 
delivery.  He  shall  receive  and  promptly  execute  all  orders  for  printing 
or  binding  required  to  be  done  for  the  various  State  officers. 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  165 

Discretionary  Authority. 

Provided  that  the  said  Superintendent  of  State  Printing  shall  have 
discretionary  authority  to  revise,  reduce  or  decline  to  execute  any  order, 
or  part  of  any  order,  which  in  his  judgment  is  unnecessary  or  unwar- 
ranted by  law,  and  which  will  tend  to  unnecessarily  consume  the  appro- 
priation for  support  of  the  State  printing  office;  and  provided,  further, 
that  in  the  event  that  any  state  officer,  board,  commission,  or  state 
institution  shall  consider  the  decision  of  the  said  Superintendent  of 
State  Printing  unfair,  he  may  refer  the  matter  to  the  State  Board  of 
Examiners  (succeeded  by  Board  of  Control)  which  board  shall  deter- 
mine the  matter.  He  shall  employ  such  compositors,  pressmen,  and 
assistants  as  the  exigency  of  the  work  from  time  to  time  requires,  and 
may  at  any  time  discharge  such  employees.  *  *  *  {PoUtieal  Code, 
sec.  531.) 


SEC.   487. 

EACH  HOUSE  TO  KEEP  A  JOURNAL. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the 
same,  and  the  yeas  and  nays  of  the  members  of  either  house,  on  any 
question,  shall  at  the  desire  of  any  three  members  present,  be  entered 
on  the  journal.     {Constitution,  art.  IV,  sec.  10.) 


SEC.   488. 

DAILY    JOURNAL    OF    EACH    HOUSE    TO    BE    PRINTED. 

A  sufficient  number  of  copies  of  each  day's  proceedings  of  each  house 
of  the  Legislature  shall  be  printed  by  the  State  Printer  in  book  form 
separately,  to  supply  the  members  of  both  houses  and  chief  officers 
daily  during  the  sessi(m  with  the  Journal  of  the  previous  day's  pro- 
ceedino-s;  and  also  a  sufficient  number  of  copies,  with  proper  re-paging, 
to  bind  at  the  end  of  the  session  of  the  Legislature,  in  hook  form,  as  the 
journals  of  the  Senate  and  As.sembly:  one  copy  of  which  daily  journal 
of  each  house,  upon  the  approval  thereof  by  the  house  of  which  it  is 
such  daily  journal,  shall  be  authenticated  as  so  approved  by  the  pre- 
siding officer  and  Chief  Clerk  or  Secretary  (as  the  case  may  be)  of  the 
house  so  approving  it;  and  upon  the  final  adjournment  of  the  Legis- 
lature, such  copy  of  the  daily  journal  of  each  house  for  the  entire 
session,  so  authenticated,  shall  be  properly  bound  in  separate  volumes 
and  deposited  in  the  office  of  the  Secretary  of  State  as  the  ollieml  jour- 
nals of  ]»otli  houses  of  the  Le-rislature.     ( Pdlit i<<il  Coth  .  s(c.  250.) 


SEC.  489. 

WHAT    SHALL    BE    PRINTED    IN    THE    JOURNAL. 

.Messages  from  the  (Jovernor  (oIIkm-  than  hieiinial  messages  and 
inaugural  addres.ses),  joint  and  eoncMrrenl  resolutions  and  eoiistitu- 
tional  amerulments,  when  adopted.  :iud  the  titles  of  :dl  hills.  j<»iut  and 
eoneurreiit  resolutions,  and  i-oustit utioiial  anienilinents.  when  aeted  upon 
l»v  the  Senate  shall  he  printed  in  tlir  .loniiial  in  roll.  ^Sinah  Hidr 
Xo.  24.) 


166  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

SEC.  490. 

ELECTIONS   BY   LEGISLATURE   TO   BE  VIVA  VOCE. 

In  all  elections  by  the  Legi-slature  the  members  thereof  shall  vote  viva 
voce,  and  the  votes  shall  be  entered  on  the  Journal.  {Constitution, 
art.  IV.  sec.  28.) 


SEC.  491. 

RECORD  OF  VOTES  AND  PETITIONS. 

Every  vote  and  a  brief  statement  of  the  contents  of  each  petition, 
memorial,  or  paper  presented  to  the  Senate  shall  be  entered  in  the 
Journal.     {Se7iutc  Fvle  Xo.  25.) 


SEC   492. 

ON   FIRST  READING  OF  A  BILL.  WHAT  PRINTED   IN  THE  JOURNAL. 

The  titles  of  all  bills,  joint  and  concurrent  resolutions,  and  constitu- 
tional amendments  introduced  shall  be  printed  in  the  Journal.  {Senate 
Bide  Xo.  28.) 


SEC.   493. 

COMMITTEE   ON    REVISION    AND    PRINTING. 

Unless  otherwise  ordered  by  the  house  in  which  the  bill  was  intro- 
duced, all  bills  before  being  printed  shall  be  immediately  sent  to  the 
Committee  on  Revision  and  Printing.  The  committee,  by  and  with  the 
written  assent  of  the  author  tiled  with  it,  shall  have  authority  to  correct 
any  clerical  error  snch  as  in  orthography,  adding  or  correcting  the 
enacting  clause,  mistakes  in  numbering  sections  and  references  thereto, 
errors  in  grammar,  phraseology,  or  in  the  form  of  the  bill ;  provided, 
that  no  bill  which  bears  the  stamp  of  the  Legislative  Counsel  Bureau 
showing  that  before  introduction  it  has  been  examined  as  to  form,  shall 
be  sent  to  the  Committee  on  Revision  and  Printing.    {Joint  EuJe  Xo.  30.) 


SEC     494 

NUMBERING    LINES   OF    BILLS. 

The  lines  of  all  printed  bills  shall  be  numbered  by  page  and  net  by 
sections,  and  amendments  shall  be  identified  by  reference  to  title,  page 
and  line  only.     {Joint  Enle  Xo.  30.) 


SEC.  495. 

REPORTS   OF   COMMITTEE   ON    REVISION. 

The  Committee  on  Revision  and  Printing  shall  return  to  the  Secre- 
tary of  the  Senate  or  Clerk  of  the  Assembly  all  bills  in  the  order  in 
w^hichthey  were  sent  to  it,  but  shall  not  retain  any  bill  for  longer  than 
three  legislative  days,  unless  otherwise  ordered.     {Joint  Rule  Xo.  32.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  167 

SEC.  496. 

FORM    OF    PRINTING    AMENDED    BILLS. 

All  bills  amended,  either  in  committee  or  on  tlie  tloor  of  the  House., 
shall  be  immediately  reprinted;  the  new  matter  added  by  any  amend- 
ments to  be  printed  in  italics  and  any  matter  proposed  to  l)e  omitted 
by  such  amendments  to  be  included  in  brackets.  {Senate  Rule  Xo.  28. 
Assemhiij  Rule  Xo.  76.) 

SEC     497 

PRINTING  OF   BILLS. 

One  thousand  copies  of  all  bills  and  as  inany  additional  copies  as  the 
House  shall  order,  shall  be  printed.  The  Chief  Clerk  or  Sertr»'ant-at- 
Arms  shall  be  recfuired  to  certify  to  the  receipt  by  the  House  of  all  such 
printed  matter,  and  the  quantity  thereof.     (Assemhlij  Rule  Xo.  52.) 

SEC.   498. 

PRINTING    EXTRA    NUMBER   OF    BILLS,    ETC. 

A  proposition  to  print  an  extra  number  of  any  document  or  other 
matter  shall  lie  on  the  table  one  day  for  consideration,  unless  otherwise 
ordered  by  consent  of  the  House.     (. 4. .wr /»?;///  Rule  Xo.  53.) 


PRINTING   OF    MAPS. 

]\Iaps  accompany in;Li'  documents  shall  not  be  jirinti'd  under  the  i:t'iic)-ai 
order  to  print,  without  the  special  direction  of  the  House.  (Assimbhf 
Rule  Xo.  54.) 


PRINTING. 

Fifteen  hundred  co])ies  of  all  bills  shall  l)e  printed;  atui  the  Ser«i:e;uit- 
at-Arms  shall  be  i'e(|uired  to  certify  to  the  reception  by  tht^  Senatf  of 
all  i)rint('d  matter,  and  the  fjuantity.  One  copy  of  each  bill  or  i)apei- 
j)rinted  by  order  of  the  Senate  shall  !)(•  delivered  to  each  Senator  at  liis 
desk,  and  the  balance  shall  be  distributed  accardinu-  to  law.  (Senale 
Rule  Xo.  21.) 


SEC.    501. 

NUMBER   OF    COPIES   TO    BE    PRINTED. 

Seven  hundred  .iiid  lifly  copies  shall  be  |>rinled  nl"  e;icli  dociimeni  nr 
f)ther  matter  ordered,  uidess  tlu'  Senale  especially  dii'eets  a  dilTereiit 
runnber.      (Smalt'  h'ult    Xo.  22.) 


SEC.    502. 

HISTORY    OF    BILLS.    RESOLUTIONS    AND    CONSTITUTIONAL 
AMENDMENTS. 

P^ach  house  shall  cause  to  be  pi-inte(l  on  .\b)iiday  of  each  week,  diiiui;; 
the  session,  a  eoiii[)|ele  history  of  all  bills,  .joint  or  concurrent  resolu- 
tions and  constitutional   aiin-ndiiients  oritriiiat  int,'  in,  or  acted   iipini   by 

the     |-<.s|ii'rt;v..    Inill^i-^ 


168  LEGISLATIVE    MANUAL   AND   FORM    BOOK. 

Such  history  shall  show  the  action  taken  npon  each  measure  np  to 
and  including  the  legislative  day  preceding  its  issuance.  For  each 
legislative  day  intervening  there  shall  be  printed  a  supplementary 
history  showing  the  action  taken  upon  any  measure  since  the  issuance 
of  the  complete  history.  A  regTilar  form  shall  1)e  prescribed  and  no 
other  form  shall  be  used. 

Immediately  following  the  adjournment  for  the  constitutional  recess 
the  History  shall  be  compiled  and  printed  to  date  of  recess.  {Joint 
Rule  No.  25.) 


SEC.   503. 

NUMBER  OF  COPIES  TO    BE    PRINTED  OF  JOURNAL. 

The  Superintendent  of  State  Printing  shall  print  one  thousand  copies 
of  the  Journal  of  each  day's  proceedings  of  the  Senate,  and  one  copy 
of  the  same  shall  be  placed  upon  each  Senator's  desk,  and  a  sufficient 
number  sent  to  the  Assembly  to  supply  each  Assemblyman  with  one 
copy;  he  shall  also  print  a  sufficient  number  of  copies  properly  paged, 
to  bind  in  book  form  as  the  Journal  of  the  Senate,  at  the  end  of  the 
session,  as  required  by  law.     {Senate  Bule  No.  23.) 


SEC.   504. 

WHEN    NOT  IN   COMMITTEE  OF  THE  WHOLE,  PROCEEDINGS   MUST  BE 
ENTERED   IN   THE  JOURNAL. 

The  proceedings  of  the  Senate,  when  not  acting  as  a  Committee  of  the 
Whole,  shall  be  entered  in  the  Journal  as  concisely  as  possible,  care 
being  takea  to  record  a  true  and  accurate  account  of  the  proceedings. 
{Senate  Rule  No.  26.) 


SEC.   505. 

PRINTING    FOR   THE   SENATE. 

The  Superintendent  of  State  Printing  shall  not  print  for  the  u.se  of 
the  Senate  any  matter  other  than  provided  by  law,  unless  upon  a  written 
order  signed  by  the  Secretary.  The  Secretary  may,  when  necessity 
requires,  order  from  the  State  Printer  such  printing  as  he  deems  neces- 
sary to  be  printed  in  advance  of  the  regular  order  of  business,  under  a 
speciallv  prepared  written  order,  to  be  known  as  a  "Rush  Order." 
{Senate  Rule  No.  27.) 


SEC.   506. 

(Form.  > 

MOTION. 

Senator^ moved  that  the  Superintendent  of  State 

Printing  be  directed  to  print hundred  copies  of  the  report 

submitted  by  the to  the  Governor 

on ,  19__,  for  the  use  of  the  Senate'. 

Motion  carried,  and  such  was  the  order. 

EXPLANATORY  NOTE. 

^Or  Mr. 

"Or  Assembly. 


LEGISLATIVE    MANUAL    AND   FORM    BOOK.  169 

SEC.  507. 

CForm.> 

RUSH    ORDER   TO    PRINTER. 

On  motion  of  Senator^ the  Secretary  was  diri'cted 

to  issue  a  rush  order  for  printing- "Rill  No. 

EXPLANATORY  NOTE. 

'Or  Mr. 

PART  V.     USE  OF  AND  ADMISSION  TO  SENATE  AND 
ASSEMBLY  CHAMBERS. 

SEC.  508. 

OPEN  DOORS  AND  SECRET  SESSIONS. 

The  doors  of  each  house  shall  be  open,  except  on  .such  oeeasion.s  as, 
in  the  opinion  of  the  house,  may  require  .secrecy.  (Co)istituiion.  ati.  IV. 
sec.  13.) 


SEC.   509. 

LOBBYING. 

No  person  engaged  in  presenting  to  the  A.ssembly  or  its  committees 
any  business,  or  claim,  or  legislation,  shall  be  permitted  to  engage  in 
such  business  in  the  Assembly  Chamber,  or  be  permitted  on  the  floor  of 
the  Assembly  at  any  time  while  the  Assembly  is  in  session,  unless  seated 
beside  a  member  upon  his  invitation;  and  any  person  transgressing  this 
rule  shall  be  removed  from  the  floor  of  the  A.ssembly  and  be  debarred 
from  the  privilege  of  the  floor  during  the  remainder  of  the  entire  si'ssion. 
The  Speaker  is  charged  with  the  enforcement  of  this  rule. 

This  rule  can  not  be  suspended  except  by  a  two-thirds  vote  of  the 
entire  Asscmblv.     ( Afifsfmhhi  Riih  Xo.  78.) 


SEC.    510. 

LOBBYING. 

No  person  engaged  in  presenting  to  the  Senate  or  any  of  its  com- 
mittees any  business,  claim,  or  legislation,  shall  be  permitted  to  engage 
in  such  business  in  the  Senate  Chamber  or  be  permitted  on  the  floor  of 
the  Senate  at  any  time  while  the  Senate  is  in  session.  Any  i>er.son 
transgressing  this  rule  shall  be  removed  froin  the  Hoor  of  the  Senate 
and  shall  be  debarred  fnmi  the  jirivilege  of  the  lloui-  during  tlu'  remain- 
der of  the  entire  sessictii.  The  President  ami  President  i)ro  tern,  are 
charged  with  the  enforcement  of  this  rule,  and  Ihis  rule  eiui  not  be 
saspended  except  by  a  two-thirds  vdf.-  of  Ihe  eiilire  Senate.  iStiKilr 
Rule  Xo.  15.) 

SEC.  511. 

PRESS    RULES. 

A  pi-i.Miii  desiring  r<'eognilion  by  the  Seii.ite  or  .\sseml»ly  as  a  news- 
paper correspondent  shall  make  application  in  wrilinLr  to  the  President 
of  the  Senate  or  Spe}d<er  (»f  the  Assembly. 

(ni  The  aj)|)liennt  shall  .state  in  writing  th<'  name  of  tli.'  newspaper 
or  newspai)ei-s  he  represents  and  that  he  is  not  en<,'!i«„'e<l.  and  will  not 
boeoMie  eiiu';i!/ed  ;is  ;i  lobbv  ist  for  an\'  [»erson.  eopjirtnershii».  ciiriioraliou 


170  LECnSLATIVE    MANUAL   AND    FORM    BOOK. 

or  interest,  and  that  he  is  not  and  will  not  l)ecome  the  agent  or  repre- 
sentative of  any  person,  copartnership,  organization  or  corporation  in 
advocating  or  attempting  to  defeat  any  measnre  pending  in  either 
branch  of  the  Legislatnre.  that  he  is  not  employed  in  any  executive, 
administrative  or  legislative  department  of  the  state  government  and 
will  not  become  so  employed  while  accepting  the  privileges  of  a  press 
representative. 

(6)  It  shall  be  the  duty  of  the  President  of  the  Senate  and  the 
Speaker  of  the  xVssembly  to  assign  one  or  more  rooms  for  the  exclusive 
use  of  correspondents  cluring  the  legislative  session,  which  room  shall 
be  known  as  the  press  room.  The  press  room  shall  be  under  the  control 
of  the  Superintendent  of  Capitol  Building  and  Grounds;  provided,  that 
all  rules  and  regulations  shall  be  approved  by  the  President  of  the  Senate 
and  Speaker  of  the  Assembly.     {Joint  Rule  No.  35.) 


PERSONS  ADMITTED  TO  THE  FLOOR. 
No  persons  except  Senators,  State  officers,  Governors  and  ex-Gov- 
ernors of  States,  members  of  Congress,  Judges  of  the  Supreme,  Appel- 
late and  Superior  Courts,  ex-Senators  and  ex-Assemblymen,  members 
of  the  press  when  accredited  by  their  respective  journals,  attaches 
when  actually  engaged  in  work  for  the  Assembly  or  a  member  thereof, 
and  the  wife  or  child  of  a  member,  .shall  be  admitted  within  the  Assem- 
bly Chamber,  except  in  the  gallery,  during  the  sessions  of  the  Assembly ; 
provided,  Itowever,  any  other  guest  of  any  member  may  be  admitted  to 
the  tioor  of  the  Assembly,  but  to  no  other  part  of  the  floor  than  to  a  seat 
at  the  desk  of  said  member;  and  provided,  also,  that  such  admission  of 
said  guest  shall  be  only  by  written  permission  of  said  member,  counter- 
signed by  the  Speaker,  such  permission  being  good  only  for  the  sessions 
of  the  day  on  which  it  is  given,  the  names  of  such  member  and  guest 
to  be  entered  in  the  Journal  when  specifically  reciuested  by  such  mem- 
ber. At  the  convening  of  the  Assembly  in  the  morning,  or  after  recess, 
all  present  except  those  covered  by  this  rule  shall  retire  from  the  floor 
of  the  Assembly.  No  one  except  the  Sergeant-at-Arms  or  his  deputies 
shall  be  allowed  to  remain  in  the  lobby  behind  the  rail  at  any  time. 
{AssemUy  Bide  No.  68.) 

EXECUTIVE   SESSION. 

When  a  motion  is  adopted  to  close  the  doors  of  the  Senate,  on  the 
discussion  of  anj^  business,  which  may,  in  the  opinion  of  the  Senate, 
require  an  executive  session,  the  President  shall  reciuire  all  persons, 
except  the  Senators,  President  of  the  Senate,  Secretary  and  Sergeant- 
at-Arms  to  withdraw,  and  during  the  discussion  of  said  business,  the 
doors  shall  remain  closed.  Every  Senator  and  officer  present  shall  keep 
secret  all  matters  and  proceedings  concerning  which  secrecy  shall  be 
enjoined  by  order  of  the  Senate.     {Senate  Rule  No.  61.) 

SMOKING   IN   CHAMBER. 

No  smoking  shall  be  allowed  within  the  chamber  Oif  either  house  while 
in  session.     {Senate  Rule  No.  63.    Assembly  Rule  No.  69.) 


LEGISLATIVE    MAXUAI.    AND    FORM    BOOK.  171 

SEC.   515. 

USE  OF   ASSEMBLY   CHAMBER. 

The  Assembly  Room  shall  not  be  used  for  any  jiwhlic  or  private  busi- 
ness other  than  legislative,  except  by  eonseiit  of  a  majority  of  the 
House.      {Assembly  Rule  No.  71.) 


SEC.   516. 

(Form. ) 

PRESS    REPRESENTATIVES. 

The  President'  announced  that  he  had  approved  the  application  of 
the  following  press  represeiitatives  and  had  assigned  them  seats  on 
the  floor : — 

EXPLANATORY   NOTE. 

'Or  Speaker. 


SEC.   517. 

PRIVILEGE   OF    FLOOR   OF    SENATE     EXTENDED. 

On  request  of  Senatui-'-' the  privilege  of  the  floor 

of  the  Senate^  Chaml)er,  for  this  da\-.  was  nnanimouslv  extended  to 
of 1 ■■ 

EXPLANATORY    NOTE. 

'Or  Assembly. 
-Or  Mr. 

'Name  of  place  of  residence. 


SEC.   518. 

f  Form.  ) 

USE  OF   SENATE'    CHAMBER    GRANTED. 

Senator-   asked   and    was  grantetl   unanimous  con- 
sent  for   the   use   of   the   Senate'    Chamber   for  a   public   hearing   on 

Bill  No. by  the  Committee  on , 

on   V.) immediately  after  adjournment. 

EXPLANATORY  NOTE. 

'Or  Assembly. 
=Or  Mr. 


I'Airr\'I.    .\TTI-:.\I)A\('K.  KK.MIXKIfATlo.X.  I'U  I  \' 1 1  J:< :  K.s  WD 
DI'TIKS  OK  .MKxMHFJfS. 

SEC     519 

PRIVILEGE    OF    MEMBERS. 

Mcml)('rs  of  the  Li';.risl:it  un-  shall,  in  all  casrs.  c.xcrpt  I  reason.  I'.-lony. 
and  breacli  of  the  peace,  he  privileged  from  arrest,  and  shall  not  lie 
subject  to  any  civil  proce.ss  during  the  session  of  the  Legislature,  nor 
for'lifteeu  days  next  before  the  eomnieneenienl  and  after  the  tennirni- 
tion  of  each  session.      ( Cnns/il  id  ion,  art.  /l'.  s(c.  11.) 


172  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

SEC.   520. 

COMPENSATION    OF    MEMBERS    OF    LEGISLATURE. 
LEGISLATIVE    EXPENSES    LIMITED. 

The  membei-s  of  the  Legislature  shall  receive  for  their  services  the 
sum  of  one  thousand  dollars  each  for  each  regular  session,  to  be  paid 
at  such  times  during  the  session  as  may  be  provided  by  law,  and  the  sum 
of  ten  dollars  each  for  each  day  while  in  attendance  at  a  special  or 
extraordinary  session,  for  a  number  of  days  not  exceeding  thirty;  and 
mileage  to  be  fixed  by  law,  all  paid  out  of  the  state  treasury;  such 
mileage  shall  not  exceed  ten  cents  per  mile;  and  each  member  shall  be 
alloAwd  contingent  expenses  not  exceeding  twenty-five  dollars  per 
member  for  each  regular  biennial  session.  The  Legislature  may  also 
provide  for  additional  help :  but  in  no  case  shall  the  total  expense  for 
officers,  employees  and  attaches  exceed  the  sum  of  five  hundred  dollars 
per  day  for  either  house,  at  any  regular  or  biennial  session,  nor  the 
sum  of  two  hundred  dollars  per  day  for  either  house  at  any  special 
or  extraordinary  session,  nor  shall  the  pay  of  any  officer,  employee 
or  attache  be  increased  after  he  is  elected  or  appointed.  {Consfitufion, 
art.  IV,  sec.  23.) 


SEC.   521. 

PER    DIEM    AND    MILEAGE   OF    MEMBERS   OF    LEGISLATURE. 

^Members  of  the  Legislature  shall  receive  the  sum  of  one  thousand 
dollars  as  compensation  for  services  during  each  regular  session,  pay- 
able as  follows :  Ten  dollars  per  day  payable  weekly  during  such  regu- 
lar session  until  one  thousand  dollars  is  paid.  In  the  event  of  final 
adjournment  before  the  said  one  thousand  dollars  is  paid,  then  the 
balance  shall  be  immediately  payable.  For  each  special  or  extraor- 
dinary session  they  shall  receive  ten  dollars  per  day  for  a  term  not 
exceeding  thirty  days,  payable  weekly.  ^Members  shall  receive  for 
each  regular,  special  or  extraordinary  session  ten  cents  per  mile  for 
each  mile  of  travel  to  and  from  their  residences  and  the  place  of 
holding  the  session.     [PoIiticaJ  Code.  sec.  266.) 


SEC.   522. 

ATTENDANCE,    DUTIES    AND    OBLIGATIONS   OF   SENATORS. 

No  Senator  shall  absent  himself  from  attendance  upon  the  Senate 
without  leave  first  obtained.  A  less  number  than  a  quorum  of  the 
Senate  is  hereby  authorized  to  send  the  Sergeant-at-Arms,  or  any  other 
person,  for  any  and  all  absent  Senators  at  the  expense  of  such  absent 
Senators,  respectively,  unless  such  excuse  for  non-attendance  as  shall 
be  made  to  the  Senate,  when  a  quorum  is  convened,  shall  be  judged 
sufficient,  and  in  that  case  the  expense  shall  be  paid  out  of  the  con- 
tingent fund  cf  the  Senate :  and  this  rule  shall  apply  as  well  to  the  first 
convention  of  the  Senate,  at  the  legal  time  of  meeting,  as  to  each  day  of 
the  session  after  the  hour  has  arrived  to  which  the  Senate  stood 
adjourned.  The  President  or  Acting  President  of  the  Senate,  or  less 
than  a  quorum  present,  shall  have  the  power  to  issue  process  directed 
to  the  Sergeant-at-Arms.  or  to  any  other  person,  to  compel  the  at- 
tendance of  Senators  absent  without  leave.     Any  Senator  who  shall 


LEGISLATIVE    MANL'AL    AXD    FORM    BOOK.  173 

refuse  to  obey  such  process,  unless  sick  or  unable  to  attend,  shall  be 
deemed  guilty  of  contempt  of  the  Senate,  and  the  Serjs:eant-at-Arms, 
or  any  other  person,  to  whom  such  process  may  be  directed,  shall  have 
power  to  use  .such  force  as  may  be  necessary  to  compel  the  attendance 
of  such  absent  Senator,  and  for  this  purjiose  he  may  command  the  force 
of  the  county,  or  of  any  county  in  the  State.      {Scnnte  Buh  Xo.  16.) 


SEC.   523. 

MEMBERS    ABSENTING    THEMSELVES. 

No  member  shall  absent  himself  from  attendance  at  a  session  of  the 
House  without  the  leave  of  the  House,  except  in  case  of  sickness:  and  if 
any  member  or  officer  of  the  House  absent  himself  without  leave,  his 
per  diem  shall  not  be  allowed  him  :  Imt  no  member  shall  obtain  leave 
of  absence,  or  be  excused  without  a  vote  of  two-thirds  of  tlic  House,  or 
lax  unanimous  consent.      (Assembli)  L'k1<   Xo.  67.) 


PART  VII.     OKDKH  OF  BI'SIXESS. 

SEC   524. 

SENATE     ORDER     OF     BUSINESS. 

Order  of  business : 

1.  Roll   Call. 

2.  Prayer  by  the  Chaplain. 

3.  Reading  and  Approval  of  the  Journal  of  the  Preceding  Day. 
•4.  Presentation  of  Petitions. 

5.  Messages  from  the  Assembly. 

6.  ^Messages  from  the  Governor. 

7.  Reports  of  Standing  Committees. 

8.  Reports  of  Select  Committees. 

9.  ^Motions.  Resolution.s.  and  Notices. 

10.  Introduction  and  First  Reading  of  Bills. 

11.  Consideration  of  Daily  File. 

12.  Cnfinished  Business. 

18.  Special  Order  of  the  Day. 
Reports  from  the  Connnittee  on    l^n^ii-dssmcnt  and   KnnilJni.  iit   shall 
at  all  tinx's  be  in  order:  provirhd.  that   messagt's  from  State  offieers, 
other  than  the  (iovei-nor.  and  from  the  As.seinl)ly,  may.  (»n  motion  of 
auv  Senator,  Ix'  considei-ed  at  an_\-  time.      iStiKih   Huh  A".  :'.. 


SEC.   525. 

ASSEMBLY    ORDER    OF    BUSINESS. 

Order  of  husines.s : 

1.  R(.ll    Call. 

2.  IVayer  l)y  the  Chaplain. 

3.  Reading  and  Approval  ol'  the  .biui'nal. 

4.  Presentation  ol'  Petitions. 

5.  ]{epor1s  of  Standing  Committees. 

6.  Kei)ortH  of  Sdeet  Committees. 

7.  Me.ssaL'es    from    the    d'ovei-noi-. 
S.  Messages  rr<)Mi  the  Senate. 


174  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

9.  Introduction  and  Reference  of  Bills. 

10.  Motion.s  and  Resolutions. 

11.  Special  Orders  of  the  Day. 

12.  TTnfinished  Business  of  the  Preceding  Day. 

13.  Business  on  Special  File. 

14.  Business  on  General  File  and  Third  Reading  of  Bills. 

15.  Announcements  of  Committee  Meetings. 

It  shall  be  in  order  for  the  Committee  on  Engrossment  and  Enroll- 
ment to  report  at  any  time. 

^Messages  from  the  Governor  and  from  the  Senate  may  be  considered 
at  anv  time  bv  vote  of  the  House.     (Assembly  KuJes  2.  3  and  4.) 


SEC.   526. 

(  Form.  > 

MOTION. 

Senator^ moved  that  the  Senate'-  do  now  proceed 

with  the  regular  order  of  business. 
Motion  carried,  and  such  was  the  order. 

EXPLANATORY  NOTE. 

'Or  Mr. 

"Or  Assembly. 


PART  VIII.     CHANGING  AND  SUSPENDING  THE  RULES. 

SEC.  527. 

DISPENSING  WITH   JOINT   RULES. 

No  joint  rule  shall  be  dispensed  with  except  by  vote  of  two-thirds 
of  eaeii  house :  and  if  either  house  shall  violate  a  joint  rule  a  question 
of  order  may  be  raised  in  the  other  house  and  decided  in  the  same 
manner  as  in  the  case  of  the  violation  of  the  rules  of  such  house :  and  if 
it  shall  be  decided  that  the  joint  rules  have  been  violated,  the  bill  involv- 
ing such  violation  shall  l)e  returned  to  the  house  in  which  it  originated, 
without  further  action.  Or.  at  the  option  of  such  house,  the  President 
or  Speaker  may  direct  the  Secretary  or  Clerk  to  mark  the  section  or 
sections  in  conflict  with  the  rules  as  nonconcurred  in  or  negatived. 
(Joi)d  Rule  Xo.  37.) 


SEC.   528. 

SUSPENDING   AND   CHANGING    ASSEMBLY    RULES. 

No  standing  rule  or  order  of  the  House  shall  be  rescinded  or  changed 
without  a  vote  of  two-thirds  of  the  members  of  the  Assembly,  and  one 
day's  notice  being  given  of  the  motion  therefor-,  provielecl.  that  the 
Committee  on  Rules  may  at  any  time,  except  during  a  roll  call,  report 
a  temporary  rule  providing  for  the  consideration  of  any  bill  on  the 
files  of  the  House  belonging  to  either  of  the  following  classes: 

1.  Bills  affecting  the  state  government,  its  revenue,  its  various 
departments  or  commissions,  or  appropriations  therefor. 

2.  Bills  affecting  county  and  township  governments,  or  roads  and 
highwavs. 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  175 

3.  Bills  affecting  town,  city,  city  and  county  governments,  or  the 
municipal  aft'airs  of  the  same. 

4.  Bills  amending  election  or  primary  election  laws. 

5.  Constitutional  amendments. 

6.  Bills  amending  or  repealing  the  codes,  or  sections  thereof. 
Such  temporary  rule  shall  provide  when  a  bill  so  selected  shall  be 

taken  up  for  consideratioiL  and  the  time  when  final  vote  shall  be  taken 
thereon  and  pending  amendments  thereto,  if  there  be  any. 

It  shall  always  be  in  order  to  call  up  for  consideration  such  report. 
The  same  shall  be  subject  to  amendments  by  the  House. 

On  the  adoption  of  such  temporary  rule  by  the  Plouse  by  a  two- 
thirds  vote  thereof,  if  the  bill  be  on  third  reading,  and  by  a  majority 
vote  of  the  members  elected  to  the  House,  if  otherwise,  such  bill  shail 
thereupon  be  made  the  special  order  for  the  time  fixed  therein. 

A  rule  of  order  may  be  suspended  temporarily  by  a  vote  of  two- 
thirds  of  the  members  present,  except  that  portion  of  Rule  7  relating 
to  third  reading  of  l)ills.  A  motion  or  resolution  proposing  to  increase 
or  diminish  a  standino'  committee  shall  not  be  adoi)ted  until  the  same 
has  been  referred  to  the  Committee  on  Rules. 

The  Committee  on  Rules  may  also,  at  any  time,  report  a  temporary 
rule  or  regulation.  When  .such  temporary  rule  or  regulation  shall  have 
been  adopted  by  a  two-thirds  vote  of  the  House  it  shall  have  the  effect, 
for  the  time  being,  of  a  standing  rule,  and  if  such  temporary  rule  shall 
be  in  conflict  with  a  standing  rule  it  shall  supersede  said  standing  rule 
for  the  time  being,  and  shall  be  enforced  bv  the  Speaker.  (Assembly 
Rule  Xo.  66.) 

SEC.   529. 

SUSPENDING    OR    CHANGING    SENATE    RULES. 

Xo  standing  rules  or  order  of  the  Senate  shall  l)e  rescinded  or  changed 
without  a  vote  of  two-thirds  of  the  entire  Senate,  and  one  day's  notice 
being  given  of  the  motion  therefor;  but  a  rule  or  order  may  be  sus- 
pended temporarily  by  a  vote  of  two-thirds  of  the  members  of  the 
Senate,  except  that  portiim  of  Rule  29.  relating  to  the  order  of  enrolling 
bills.  All  proposed  amcndmcMits  to  these  rules  shall,  upon  presentation, 
be  referred  to  the  Committee  on  Rules  without  deliate.  {Sciialr  Rule 
Xo.  60.) 

SEC.   530. 

SUSPENSION    OF    RULES. 

Senator^ asked  for  .iiid  was  granted  iinaniiiiniis 

consent  that  the  rules  be  suspended  for  llie  consideration  at  tliis  time 
of  the  foregoing  resolution'   without   reference  to  committee. -' 

The  (juestion  being  on  the  adoption  of  the  i-esolutioiL 

The  roll  was  caHed.  and  the  resolution  ado|)ted  by  the  followiii'.;  vote: 

Spnator\  etc 


EXPLANATOKY   NOTE. 

^Or  Mr. 

'\l'  a  matter  of  contliiKinl  ••xi»ii.si-  aiiil.  "<iii  ii.iiliiiKriit  cxixiisi  h  " 
'<^)r  .Mi-HMPs. 
*(lr  hill. 


176  LEGISLATIVE    MANUAL   AND    FORM    BOOK. 

VMIT   IX.     PExXALTIES    FOR    INTERFERING    WITH    THE 
WORK    OF    THE    LEGISLATURE. 

SEC.  531. 

PREVENTING  THE    MEETING   OR   ORGANIZATION    OF   EITHER    BRANCH 
OF  THE  LEGISLATURE. 

Every  person  who  wilfully,  and  by  force  or  fraud,  prevents  the 
Legislature  of  this  State,  or  either  of  the  houses  composing  it,  or  any 
of  the  members  thereof,  from  meeting  or  organizing,  is  guilty  of  felony. 
{Penal  Code,  sec.  81.) 


SEC.   532. 

DISTURBING   THE   LEGISLATURE   WHILE    IN   SESSION. 

Every  person  who  wilfully  disturbs  the  Legislature  of  the  State,  or 
either  of  the  houses  composing  it,  while  in  session,  or  who  commits 
any  disorderly  conduct  in  the  immediate  view  and  presence  of  either 
house,  tending  to  interrupt  its  proceedings  or  impair  the  respect  due 
to  its  authoritv.  is  guiltv  of  a  misdemeanor.    (Penal  Code,  sec.  82.) 


SEC.   533. 

ALTERING   DRAFT  OF   BILL   OR    RESOLUTION. 

Every  person  who  fraudulently  alters  the  draft  of  any  bill  or  reso- 
lution which  has  been  presented  to  either  of  the  houses  composing 
the  Legislature,  to  be  pa.ssed  or  adopted,  with  intent  to  (1)  procure 
it  to  be  passed  or  adopted  by  either  house,  or  (2)  certitied  by  the 
presiding  officer  of  either  house,  in  language  different  from  that 
intended  by  such  house,  is  guilty  of  felony.     {Penal  Code,  sec.  83.) 


SEC.   534. 

ALTERING  ENROLLED  COPY  OF  BILL  OR  RESOLUTION. 

Every  person  who  fraudulently  alters  the  enrolled  copy  of  any  bill 
or  resolution  which  has  been  passed  or  adopted  by  the  Legislature  of 
thi.s  State,  with  the  intent  to  (1)  procure  it  to  be  approved  by  the  Gov- 
ernor, or  (2)  certified  by  the  Secretary  of  State,  or  printed  or  published 
by  the  prints  of  the  Statutes,  in  language  dift'erent  from  that  in  Avhich 
it  was  pa.ssed  or  adopted  bv  the  Legislature,  is  guilty  of  felony.  {Penal 
Code,  sec.  84.)  ' 


SEC.   535. 

GIVING    OR    OFFERING    BRIBES   TO    MEMBERS    OF   THE    LEGISLATURE. 

Every  person  who  gives  or  offers  to  give  a  bribe  (1)  to  any  member 
of  the  Legislature,  or  (2)  to  another  person  for  him,  or  (3)  attempts 
by  menace,  deceit,  suppression  of  truth,  or  any  corrupt  means,  to 
influence  a  member  in  (a)  giving  or  withholding  his  vote,  or  (&)  in 
not  attending  the  house  or  any  committee  of  which  he  is  a  member,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than  one  nor 
more  than  ten  years.     (Penal  Code,  sec.  85.) 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  177 

SEC.  536. 

RECEIVING    BRIBES    BY    MEMBERS    OF    THE     LEGISLATURE. 

Ever}'  mtMiiber  of  either  of  the  houses  eomposincr  the  LegishUure  of 
this  State  who  (1)  asks,  receives,  or  agrees  to  receive  any  bribe  upon 
any  understanding  that  his  official  vote,  opinion,  judgment,  or  action 
shall  be  influenced  thereby,  or  shall  be  given  in  any  particular  manner, 
or  upon  any  particular  side  of  any  question  or  matter  upon  which 
he  may  be  required  to  act  in  his  official  capacity,  or  (2)  a-ive,s,  or 
offers,  or  promises  to  give  any  official  vote  in  consideration  that  an- 
other member  of  the  Legislature  shall  give  any  such  vote,  either  upon 
the  same  or  another  question,  is  punishable  by  (a)  imprisonment  in 
the  state  prison  not  less  than  one  nor  more  than  fourteen  years,  and 
upon  conviction  thereof  shall.  (6)  in  addition  to  said  punishment, 
forfeit  his  office,  be  disfranchised,  and  forever  disqualified  from  hold- 
ing any  office  or  public  trust.     (Penal  Code.  sec.  86.) 


SEC.   537. 

WITNESSES    REFUSING    TO    ATTEND.   TESTIFY.   OR    PRODUCE    PAPERS 
BEFORE  THE    LEGISLATURE   OR   COMMITTEES   THEREOF. 

Every  person  who,  being  sunnnoned  to  attend  as  witness  before  either 
house  of  the  Legislature  or  any  committee  tliereof.  refuses  or  neglects. 
Avithout  lawful  excu.se.  (1)  to  attend  i)ursuant  to  such  su.mmon.s';  and 
every  person  who.  being  present  before  either  house  of  the  Legislature 
or  any  conmiittee  thereof,  wilfully  (2)  refuses  to  be  sworn  or  to  answer 
any  material  and  proper  question,  or  (3)  to  produce,  upon  reasonable 
notice,  any  material  and  proper  books,  papers,  or  documents  in  his 
possession  or  under  his  fontrol.  is  guilt\-  of  a  misdemeanor.  {Penal 
Code,  sec.  87.) 


SEC.   538. 

MEMBERS  OF  THE  LEGISLATURE.  IN  ADDITION  TO  OTHER  PENALTIES, 
TO    FORFEIT   OFFICE    AND    BE    DISQUALIFIED,    ETC. 

Every  meml)er  of  th<-  Legisl.-ilniv  convicted  of  any  crime  defined  in 
this  chapter,  in  addition  to  the  punishment  prescribed,  forfeits  his 
office  and  is  forever  discjualificd  from  holding  any  office  in  this  State. 
(Penal  Code,  sec.  SS.) 


SEC.   539. 

LOBBYING    DEFINED— PUNISHMENT    FOR. 

Any  person  who  seeks  to  iuHtiencc  Ihc  vole  of  a  niciiilx'i-  of  ilic  l.r^js- 
lature  by  bribery,  promi.se  of  reward.  inliniidalinM.  oi-  any  other  dis- 
honest mean.s.  shall  be  guilty  n\'  lobbying,  which  is  hereby  declared  a 
felony;  and  it  shall  be  the  duly  of  llie  Legislature  lo  provide,  by  law, 
for  the  punishment  of  this  crime.  Any  member  of  the  Legislature  who 
shall  lie  influenced  in  his  vote  or  actiun  upon  any  mallei-  pendini.'-  hetui-o 
the  Legislature  by  any  reward,  or  |ir<uiiise  (.f  fntur.-  icward.  shall  be 
deemerl  guilty  of  a  fe|(»ny.  and  upon  con\iciinn  thereof,  in  ad<lition  to 
such  puni.shment  as  may  br-  pro\  ide<l  l.y  law.  shall  be  disfranchised  and 
11'— I68:ii 


ITS  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

foivver  clisciiuilitied  from  luildiny  any  office  or  public  trust.  Any  person 
may  be  compelled  to  testify  in  any  lawful  investigation  or  judicial 
proceedings  against  any  jierson  who  may  be  charged  with  having-  com- 
mitted the  ofit'ense  of  bribery  or  corrupt  solicitation,  or  with  having  been 
iiiriueneed  in  his  vote  or  action,  as  a  member  of  the  Legislature,  by 
reward,  or  promise  of  future  reward,  and  shall  not  be  permitted  to 
witlihold  iiis  testimony  upon  the  ground  that  it  may  criminate  him- 
self or  subject  him  to  public  infamy;  but  such  testimony  .shall  not 
afterward  l)e  used  again.st  him  in  any  judicial  proceeding,  except  for 
piM'Jury  in  uivinu'  such  testimony.     (Constitution,  art.  IV,  src.  35.) 


SEC.   540. 

LOBBYING,    AND    PENALTY    FOR. 

Every  person  who  obtains,  or  seeks  to  obtain  money  or  other  thing  of 
value  from  another  person,  upon  a  pretense,  claim,  or  representation 
that,  he  can  or  will  improi)erly  iuHuence  in  any  manner  the  action  of 
any  member  of  a  legislative  body  in  regard  to  any  vote  or  legislative 
matter,  is  guilty  of  a  felony.  I'pon  the  trial  no  person  otherwise  com- 
petent as  a  witness  shall  be  excused  from  testifying  as  such  concerning 
the  ott'en.sc  charged,  on  the  grounds  that  such  testimony  may  criminate 
himself,  or  subject  him  to  public  infamy.  ])ut  such  testimony  shall  not 
afterwards  be  used  against  him  in  any  judicial  proceeding  except  for 
perjury  in  giving  such  testimony.     {Penal  Code,  sec.  89.) 


Chart— Showing  Possible  Movements  of  a  Bill  from  Introdudion  in 

Assembly  to  Governor  (same  relative  movements  if  introduced  in  Senate) 

Prepared  by  L.  B.  MALLORY,  Chief  Clerk  of  the  Assembly,  1911  111  j  1915  Sessions 


A  BILL— Introduced— Numbered— Referred  to  proper  committee  by  Speaker— 1st  Reading 


TO  COMMITTEE  ON  REVISION  AND  PRINTING.  OB  LEGISLATIVE  REFERENCE  BljREAU— TO  PRINTER 
I   FROM  PRINTER— TO  COMMITTEE 


FROM  COMMITTEE    |    WITH  RECOMMENDATIONS 


WITHOUT  RECOMMENDATION 


DO  PASS  AS  AMENDED 


Amended  from  floor 


READ  2d  TIME 


To  print — Engrossment  and  3ri  readins 


READ  2c)  TIME— Amended  to  print— Eneiossmont  anil  3d  re,idii 


May  be  anieiidod  finni  the  Hoor 


From  printer— T   nic""^e"t 


To  engrossment  and  ."^d  reading — Reported  correctly  engros^^ed 


Notice  of  reconsideration  may  be  given  ' 


READ  3d  TIME  /or 


Amended  by  a  Select  Committee 


I   fiet'orled  corifclly  engro^^ed — Tn  3d  leading  Me 


Nollce  of  reconsideration  may  be  given 
READ  3(1  TIME    /or|       Amended  by  a  Select  Commlltee 


I  To  print  and  reerigrossment  (retains  place  on  file) 
Passed — Title  approved — To  Senate 


Notice  of  reconsideratio 


i'  he  gjvi 


To  print — Reengrossment  (retains  plur  on  tile) 
Pissed — Title  apprnved — To  Senate 

Notice  of  recon'iideration  may  be  given  * 


IN  SENATE 


BILL  READ  AND  REFERRED  TO  PROPER     |     COMMITTEE  BY  PRESIQEWT  OF  SENATE 
FROM  COMMITTEE    |     WITH   RECOMMENDATION 


WITHOUT  RECOMMENDATION 


DO  NOT  PASS 


DO  PASS  AS  AMENDED 


Amended  from  floor 


READ  2d  TIME 


To  print  and  3d  reading 


To  3d  rending 


READ  3d  TIME 


Notice  of  reconsideration  may  be  given  * 
Amended  by  Select  Committee — To  rerrlnt 


Passed  title  approved — To  Assembly 


I    Notice  (if  reconsideration  may  be  given  * 

IN  ASSEMBLY 


Ri-ported  correctly  enrolled 
Tn  Coveninr  


As^:embly  refuses  to  connir 


•  EWATE  AMENDMENTS  CONCURRED  IN 


In  Senate  umiTdinenl 


Itcporloil  correctly  enrnllcil 


natc  reiiucaled  to  recede 


N  R— nillt  rrqulrv  i  majority 
rote  of  elllier  hovi-K  and  mu«l  t* 
read  on  llirrc  M>i<-ra]  (UT5.  except 
In  cue*  of  uraenry.  when  Sec.  18. 
Art  IV  of  Con  tHutlon  may  tie 
vuipemled   by   a   lvfo-(hlrit»  vote. 

No  Act  nhall  (o  Into  effect  until 
94  dayt  after  flnil  adiournmrni 
of  I.egliilature.  except  uraeiicy 
mea.ure»  Kee  ron«lllutlon.  Chap. 
Ill      Art.    IV.    Par.    t. 

All  [lllla  carrying  api>ropr1atlon« 
muvl  bt  refrrrecl  or  rerererred  to 
\V«»<  and  MMni  Coinmlttee  on 
•ectrti.l    rraillna       llule   30. 

flllU  mahl.iK  appropriation*  of 
moiier  ahall  Pie  ccn.l.lere.l  In  f  >.m- 
inllta  of  the  Wlioir  Jl..u>r  ithUe 
on  tectmd  reading      llule   11. 


Ito  As 

emlily     T 

1  eiirnilmcdl 

«r..iT' 

1 

T.. 

Coveninr 

Srti 

»(r  rf 

fuses  In  re 

rede-  Rc(lnf^t 

!»•  on  ronferenre 

</ 

fKlfrrmrr  ( 

..mm"- 

wm 

1    Itrp.ift  aili 

l.lnl 

1     lllllli.r 

■  ircill-  ■ 

and  to  Cnvmior 

*  See  Asacmbty  llule 
No.    US. 

t  mil  may  b«  t\\\M\- 
luted.  See  Sciinto  Hole 
No.  31  and  A«^cmlll) 
nill«    No.    il   of    l.>i;i. 


rommlllef  falli  I"  ». 


NOTE'   If   Prre    rocifnrnce 

vtopllon     l>|r    »lll»t     II 

'.ofrriet   acpoliil'd      JiilMl    Kulc    III.    I'ir. 


ilMee   f«l|*   la  agVw.    or   If   rf(iort    It   rrfiitei 

die     nuitrtrrr  m>r     Ik     ill>r||ai<>'.l     ;i.ii|     u(li> 


9*  raeawiiien[h  appointment  of  rnmmlltee  on  Free  roiilrrcnre 

"  '^  ''..ifr,„,r,      Commlllcr  aurer.  on  amciidmenls 

3Bg>l      To  Ci.vrriinr       See    note 


LEGISLATIVE    MANUAL    AND   FORM   BOOK.  179 

APPENDIX  II. 

FOR  USE  OF  PRESIDING  OFFICERS. 

X.  B. — This  appendix  Avas  arranged  for  tlie  use  of  tlie  presiding 
offieers  of  the  Senate,  but  can  lie  used  in  tlie  Assembly  by  substitution 
of  Assembly  for  Senate,  and  vice  versa.  Avherever  these  words  oeour. 

THE    CONSIDERATION    OF    THE     DAILY     FILE. 

PART  1.     THE  TIIIRD-READIXG  FILE— SENATE  BILLS. 

The  presiding  officer  (wlien  this  stage  of  the  legislative  proceedings 
is  reached'  announces  to  the  Senate  "The  consideration  of  the  Third- 
Reading  File.'' 

The  President  announces : 

■'No.  1  on  file — [a)  Senate  Bill  No.  — .  Senator .  author. 

connnittee  recommends  that  it  do  pa.ss.  Question  is,  'Shall  bill  be  read 
third  time.'  There  being  no  objections.  Secretary  will  read.'  (Secre- 
tary then  reads.)  (h)  The  question  is  on  the  final  pa.ssage  of  Senate 
Bill  No.  27-3  (or  adoption  of  constitutional  amendment,  joint  resolution 
or  concurrent  resolution,  as  the  case  may  be).  The  Secretary  will  call 
the  roll.  ■■ 

After  th<'  roll  call  by  the  Seeretary.  he  hands  the  President  the  roll 
call  and  orally  states  to  him  what  tlu-  vote  is — so  many  ayes  and  so 
many  noes. 

(6)  The  President  then  announces  to  the  Senate,  ayes  (28)  :  noes  (6). 
The  bill  is  passed;  then  he  says.  "Are  there  any  amendments  to  the 
title  ?  If  not.  title  stands  approved  and  bill  will  be  transmitted  to  the 
Assembly. 

In  the  pveiit  that  fimendmeiits  are  necessary  (ither  than  to  tin-  titlr. 
they  can  only  be  made  by  one  proceeding,  namely,  that  of  a  reference 
to  a  Special  Committee  of  One  with  instructions  to  amend  as  follows 
(statintr  the  amendment  submitted  i  : 

The  ijuestion  then  by  the  presiding  oftieei-  is.  "Shall  thi*  l>ill  he  re- 
ferred to  a  Special  Committee  of  One  with  instructions  to  amend  .' 
Those  in  favor,  aye;  contrary,  no." 

'  If  reference  is  ordered  the  Pr(^sident  anniiuuces  "Senate  Bill  .\n, 

is  referi'ed  to  Senator as  a  Special  Committee  tn  amend 

as  directed.")  Then  follows  the  report  nf  Special  Cumniitlee,  wlii<-li 
has  ali-eady  been  prepared.  This  brings  us  to  the  (|ues1ion  of  "Shall 
the  report  of  the  Special  Committee  of  One  be  adopted?''  Aft<'r  tin' 
vote  taken,  which  c/^e.s  not  require  a  roll  call,  bill  is  nrdrrrd  printed  as 
amended,  and  transmitted  to  the  A.ssembly. 

( 'ontinuing  the  consideration  of  the  file,  the  President  then  announces : 
The  next  is  No.  2  on  file — "Senate  Concurrent  Resolution  No.  — . " 
The  same  laiiL'Ufige  and  proceedini^s  as  above  in  {a),  (b)  and  (r),  except 
u.se  the  word  "adopted"  instead  of  "passed." 

Xo.  'i  on  file — Senate  Bill  Xo.  ( — ) — Senator .  aMlli(»r.  ••ommif- 

tee  recommends,  do  pass  (then  follows  the  same  language  as  given 
above  I.    Immediately  after  the  presiding  officer  has  stated  that  the  bill 

NV>tf:. — If  there  are  not  21  votes  In  th<»  afflrmatlvo,  that  l«.  voUiik  ay<'  nn  tli«  hill. 

thf     I'l  ••-'iil>  Ml     iiwi«     tin-     fr.llfiuirif    Imiilmi  .i-i.       ••■|"lw    .^.Mi.ili-    I.'fiiMi'S    tii    ]<:\HH    SrIl.lUi    Sill 

N.. 


ISO  LEGISLATIVE    MAXL'AL     VXD    FORM    BOOK. 

lias  passed,  lie  says.  "Are  there  any  aineiulments  to  the  title?  Bein^ 
none,  the  title  stands  approved.  Bill  Avill  be  tran.sinitt.'d  to  the 
Assembly. ' ' 

The  question  liable  to  arise  on  third  reading : 

First :  A  Motion  io  Bccoiisidrr.  It  may  occur  where  a  bill  is  contested 
and  the  vote  is  close,  and  may  have  passed  or  have  been  refused  passage, 
that  the  losinp-  side  will  de.sire  another  vote  to  be  taken  before  the  bill 
is  tinally  disposed  of.  The  Senator  Avho  has  voted  with  the  prevailing 
side  (which  may  either  be  that  side  that  had  voted  for  the  passage  of 
the  bill.  iflncJi  received  iweniii-one  or  more  votes,  or  that  side  which 
opposed  the  bill  that  (lid  not  receive  the  required  twentij-om  or  more 
votes)  can  give  notice  that  on  the  next  legislative  day  he  will  move  for  a 
reconsideration  of  the  vote  whereby  the  bill  was  pa.ssed  (or  was  refused 
passage,  as  the  case  may  be).  This  notice  precludes  the  bill  from  being 
sent  to  the  Assembly  or  otherwise  disposed  of,  until  the  conclusion  of 
the  following  day  or  that  time  during  the  following  day  when  the 
reconsideration  is  made.  In  the  event  of  a  notice  of  a  motion  to  recon- 
sider not  being  taken  up.  the  close  of  the  legislative  day  places  the  bill 
in  the  same  condition  that  it  was  before  the  notice  was  given  on  the 
preceding  day,  namely,  that  it  shall  be  immediately  traiisinitt'^-l  to  the 
other  house. 

PART  11.     THE   TITIRD-READIXG    FILE— ASSEMBLY    BILLS. 

Where  Assembly  bills  have  reached  the  stage  of  third  reading,  they 
are  on  the  third-reading  file,  and  are  treated  in  exactly  the  same  man- 
ner as  a  Senate  bill  is,  but  in  the  event  of  amendments  having  been 
made  to  the  bill,   the  question  on   passage  is,   "Shall  As,srml)ly   Bill 

Xo. be  pas.sed  as  amended  in  Senate?"     And  the  message  is 

that  the  "Bill  has  been  amended  and  passed  as  amended:  and  the  Senate 
requests  that  the  As.sembly  concur  in  said  amendments." 

Presuming  that  the  A.ssembly  refused  to  concur  in  these  amendments, 
it  requests  the  Senate  to  recede  therefrom.  Should  the  Senate  refuse 
to  recede  it  notifies  the  Assembly  of  such  refusal,  and  asks  that  a  com- 
mittee of  conference  be  appointed  to  consult  Avith  a  like  committee 
appointed  by  the  Senate.  This  Committee  on  Conference  constitutes 
three  members  from  each  house.  The  bill  is  then  given  to  this  Com- 
mittee on  Conference,  after  the  Assembly  has  been  notified  that  the 
President  has  named  the  Senate  Committee  on  Conference. 

The  Committee  on  Conference  reports  back  to  each  house  the  result  of 
its  conclusions,  in  so  far  as  the  amendments  are  concerned,  recommend- 
ing either  that  the  Senate  recede  or  that  the  Assembly  concur  in  the 
amendments.  If  no  agreement  can  be  reached,  they  report  to  that  effect, 
and  ask  that  a  Committee  on  Free  Conference  be  named.  This  Com- 
mittee on  Free  Conference  consists  of  a  like  number  as  the  Committee 
on  Conference.  Their  consultation  is  of  a  like  character  to  the  Com- 
mittee on  Conference,  but  with  the  additional  powder  of  being  permitted 
to  propose  further  amendments.  In  the  event  of  a  disagreement  on  the 
part  of  the  Committee  on  Free  Conference,  the  committee  so  reports 
to  their  respective  houses;  the  report  can  be  accepted  as  final,  or  the 
committee  may  be  discharged  and  other  ccmfreres  appointed,  but  no 
member  having  previously  served  on  the  conference  committee  shall  be 


LEGISLATIVE    ilAXUAI.    AND    FORM    BOOK.  181 

appointed  to  consider  the  same  J)ill.  The  same  proeednre  may  he  had 
on  any  report  made  hy  a  Committee  on  Free  C'oiiferenee.  hnt  tlie  report 
made  is  not  suhjeet  to  amendment  in  eitiier  honse.  In  the  event  ot"  no 
final  agreement  on  a  hill  throngh  Free  Conference,  the  hill  ends  its 
existence.  The  .joint  rnles  of  the  f(n-ty-tirst  session  of  the  California 
Legislature  require  an  affirmative  vote  of  not  less  tlinn  four  memhei-s  of 
the  committee  to  agree  upon  a  report. 

Should  a  compromise  he  effected  hy  either  the  Committee  on  Confer- 
ence or  the  Committee  on  Free  Conference,  they  so  report,  and  their 
report  must  he  adopted;  and  after  the  hill  is  printed,  if  there  are  any 
changes  in  the  hill  as  passed  in  the  house  of  its  origin,  the  house  of 
origin  orders  it  to  enrollment. 


PAKT  IIT.— SECOXD-KEADlXi;  FILE. 

In  their  regular  order  the  hills  reach  the  si  coiKhrradiiif)  ph  on  the  day 
suhseiiiient  to  the  day  that  they  are  reported  from  the  committee  to 
whieh  the\-  have  been  referred. 

After  giving  the  number  of  l)ill  on  file,  tiie  nuuiher  of  the  bill,  the 
author's  name  and  recommendation  of  the  committee,  the  President 
directs  the  Secretary  to  read  the  hill  by  sections.  Secretary  then  reads 
section  1.  On  its  conclusion,  the  President  says,  "Are  there  any 
amendtneiits  to  section  1.'"'  On  conclusion  of  each  section  he  uses  the 
same  language.  If  there  are  connnittee  amendments  attached  to  the 
bill,  they  are  considered  in  their  regular  order  and  adopted  or  re- 
jected, the  announc(^inent  of  which  }-esult  is  made  after  the  considera- 
tion of  each  amendment.  The  President's  last  notice  is.  "Are 
there  any  amendments  to  tin  hill/"  Following  this.  Ik^  says.  "The 
bill  (if  amended  "shall  be  printed')  is  ordered  engrossed  to  lliird 
readiuL"".   " 

The  i!<-.\t  nuinher  on  the  file  is  lakeii  n|>  in  the  same  nianiiei'  and  tlie 
same  language  is  used.  In  the  event  that  at  an.v  time  there  is  an  objec- 
tion mad»-  from  the  routine  of  the  iieneral  order  of  business,  it  must  he 
mad<-  on  mution  of  the  Semite:  l)ut  the  objiM-tion  on  the  jiart  of  any  one 
menilter  gives  the  President  no  alternative  but  a  roll  call  (if  demanded 
by  three  Seiiators).  the  question  beinir  on  temporary  suspension  of 
rules.  A  tempoi'ary  suspension  re(|uires  twent\-seven  votes  aiul  is  only 
api»licable  to  the  (piestion  then  under  del)ate.  or  the  snltject  inider  discus- 
sion, anrl  ean  not  be  applied  tn  any  other  or  subseqnent  motion,  resolu- 
tion or  net.  If  the  I'oll  is  not  in  itself  pertainalije  to  llie  eondilions.  a 
imtiee  must  be  given  of  r^ie  day  on  the  pai't  of  some  Si'nator  to  the  etVeel 
that  on  the  ne.xt  legislative  day  he  will  move  to  eluinge  or  reseind  the 
rnii-  arfectfil. 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  183 


GENERAL  IiNDEX, 

ABSENCE—  Sec. 

leave  of.      (Form) 32 

of  members  visiting;  public  institurions.      (Senate  and  Assembly  Kules) 203 

ACTION— 

former    reconsidered.      (Form) 247,  280 

former  rescinded.      (Form) 248.  2W 

ADMISSION— 

to  floor.      (Asseinlily  Ittile) ."il2 

ADJOURN— 

motion  to.      (Assemldy  Rule) 29!) 

power  of  Governor  to.      (Constitution) 424 

ADJOI'RNMENT— 

daily.      (Form) 20 

from  day  to  day.      (Constitution) 21 

for  constitutional  recess  or  sine  die.      (Form) 40 

for  constitutional  recess  or  sine  dir.      (Joint  Rule) 22 

ALIENS— 

Power  of  Legislature  to   rejiulate.      (Constitution) 108 

AMENDATORY  ACT— 

when    void 138 

AMENDMENTS— 

consideration  of  Assembly.      (Form) 283 

effect  of.     (Political  Code) 134 

from    floor.       (Form) 27.~i 

of  bills  requiring  two-thirds  vote.      (Assembly  and  Senate  Rules) 2(iS 

on  third  reading,  may  commit.      (Assembly  and  Senate  Rules) 270 

revision.      (Constitution) 131 

substitutes,  when  in  order.      (Senate  Rule) 26.'"» 

substitutes  must  be  germane.      (Assembly  and  Senate  Rules) 260 

substitute  regarded  as.      (As.sembly  Rule) 264 

to  amended  bills  must  be  attached.      (Joint  Rule  I 271 

to  concur  or  refuse  to  concur.      (Joint  Rule) 272 

to  original  question.      (Senate  Rule) 269 

to   title.      (Form) : 279 

APPEAL— 

from  decision  of  tin-  cljair.      (Form) . •'•"0 

APPROl'R  lATION— 

bills.      (Form)     l-'O 

bill,  reference  of  before  second  reading.      (Senate  and  Assembly  Rules  I 1.S4 

how  made.      (Constitution) 141 

general  bill,  what  to  contain.      (("f)nstilutioii ) 142 

proceedings    toiiching    in()nry.    to    lif    i  onsidired    in    committee    of    wln>]e. 

(Assembly  Rule) 1!»2 

restriction  on  and  grants  of  aid.      (Constitution) 144 

special  bill,  restrictions  as  to.      (rVmstitulion  ) 143 

APPROVAL— 

of  l)iljs  l)y  (Jovci-iioi- — jiass.'igi'  o\<  r  m'Io.      ( ( 'oMsliiution")  l'-('i 

ASSE.MP.LY— 

disiricis.      (('oiistilulion) ■••'7 

officers  of  the.      (Prditical  Code) 1'"' 

oi-srani/.alion  of.      (Political  <'ode) 1" 

ASSK.MI'.LVMEN 

iiii-liu'ibh'    to   ci':laiii   oflic"-.       ( ( 'mi- 1  i' iil  inn  )  •"••'•' 

niiMiln'r   of.       ( < 'onstil  lit  ion  )  ■'••'• 

.\SSE.MRLE  ANT)  PF/riTIO.V 

right    to.      (('oiistiliiiioii  )  '  ' 


184  LEGISLATIVE    MAXCAL    AND    FORM    BOOK. 

ATTACHES—  Sec. 

assigument  of.     ( Asspinl)ly  Kule) 474 

etc.      (F<>nn>    458 

AYE8  AND  NOES— 

calliny  for  vote.      (Assi'inhly  Rule  » 338 

(lemanrled.      (Form) 34G 

meiulvers    imist    answer — u'o    vote    after    amiounoement    of    result.      (Senate 

Rule)    -^-^^ 

BILLS— 

approval  of.      (rolilical  Code) 428 

appropriation,  case  of  ursency.      (Form) 157 

addina;  new  code  section.      (Form) 152 

amendins- existing  code  section.      (Form) 153 

umendinn  a  jjeneral  law.      (Form) 15.> 

after  heinu'  passed  by  Senate  or  A.ssembly.      (Joint  Rule) 257 

Asseml)ly.  disposition  of.      (Senate  Rule) 258 

amended,  form  for  printing.      (Senate  and  Assembly  Rules) 496 

attainder,  ex  post  facto  law,  obligation  to  contract.      (Constitution) 43 

eotle  sections,  how  amended.      (Senate  Rule) 151 

companion,  withdrawal  of.      (Form) 2(}3 

consideration  of  (out  of  order).      (Form) 15."'» 

endorsement  of.      (Joint  Rule) 1G4 

how  referred.      (Senate  and  Assembly  Rules) 181 

introduction  of.      (Senate  Rule) 166 

introduction  of  by  committee.     (Assembly  Rule) 167-168 

introduction  of  after  constitutional  recess.     (Senate  and  Assembly  Rules)—     5(3 

introduction  and  first  reading  of.      (Form) 171,188 

joint  resolutions,  treated  as.      (Joint  Rule) 165 

origin  and  passage  of.      (Constitution) 130 

or    resolution,    from    one    house,    rejected    in    the    other,    requires    notice. 

(Joint    Rule) 260 

passage   before   constitutional   recess.      (Joint   Rule) 285 

prin.tiug.  numbering  of  lines.      (Joint  Rule) 494 

printing  extra  number  of.      (Assembly  Rule) 498 

repealing  a  code  section.      (Form) 154 

request  for  introduction  of.  after  constitutional  recess.      (Form) 173 

referred  otherwise  than  by  presiding  officer.     (Senate  and  Assembly  Rules)   181 

redrafting  of.      (Senate  Rule) . 199 

reprinting  of  amended.      (Senate  Rule) 232 

recall  from  committee.      (Form) 245 

recall  from  print,  engrossment,  or  from  Assembly.     (Form) 246 

re-reference  of.     (Form) '•• 

reading  of.      (Senate  Rule) 223 

read  and  reference  to  committee.      (Joint  Rule) 256 

reference  of  appropriation,  before  second  reading.      (Senate  Rule) 2.30 

received    liy    the    Governor    must    bo    indorsed    by    his    private    secretary. 

(Political  Code) 427 

returned  without  approval.      (Political  Code) 420 

return,  when  Hou.se  not  in  session.      (Political  Code) 430 

remaining  with  the  Governor  more  than  ten  days.     (Political  Code) 4.31 

second  reading  of.      (Form) 236 

second   reading  of   (out  of  ord«-r).      (Form) 237,274.276 

Senate,  disposition  of.      (Assembly  Rule) 259 

signature  of  officers  when  enrolled.      (Joint  Rule) 456 

second    reading   of.       (Form) 273 

taken  up  out  of  order.      (Assembly  Rule) 229 

third  reading  of.      (Formt 238 

urgency  section.      (Form) 157 

use  of  word  '-bill."     (Joint  Rule) 163 


LEGIST,ATIVE    MAXfAI-    AXD    FORM    BOOK.  185 

BILLS— ((.ntimiod.  Sec. 

wirhilrawal  of.      (Form) 175 

wliat  piluted  in  .Touinal  ou  first  roadiiiff.      (Senate  Rule) 492 

when  printed  to  be  placed  on  desk.     (Senate  Rule) 479 

BRIBERY— 

disqualification  for.      (Constitution) 113 

BUDGET.  PREPARATION  OF  STATE— 

claims  ajiainst  State  to  be  filed  with  Controller 14S 

Controller  to  send  blanks  to  heads  of  departments 14G 

Controller  to  send  blank.s  to  Senators  and  members-eleet  of  the  Legislature--  147 
Controller  to  furnish  tabulated  statement 149 

CALL— 

of  Senate  or  Assembly.      (Form) 240 

of  the  house.      (Assembly  Rule) 343 

CALLING— 

to  order.    (Senate  Rule) 450 

CHAMBER— 

u-se  of  Assembly.      (Assembly  Rule) 515 

use  of  Senate  or  Assembly,  granted.     (Form) 51S 

CHIEF  CLERK— 

duties  of.      (Assembly   Rule) 473 

duties   of.      (Political    Code) 459 

shall  endorse  bills.     (Joint  Rule) 470 

to  carry  messages.      (Joint  Rule) 251 

to  keep  register.      (Joint   Unlet 409 

CODES— 

how    cited,    etc.       (Political    Code.    Civil    Code.    Code    of    Civil    Procedure. 

Penal    Code) 128 

construction  of  the.     (Political  Code.  I'enal  Code,  Civil  Code,  Code  of  Civil 

Pnx-edure) 123 

COMMITTEE  REPORTS,  sec  REPORTS- 
COMMITTEES- 

additional  standing.      (Senate  and  A.ssembly  Rules) . 179 

amendments,  how  made.      (Senate  Rule) 198 

appointment  of.      (Senate  and  Assembly  Rules) 177.454 

appointment  of  standing,  of  Legislature.      (Political  Code) 442 

appointment  of  free  conference.      (Form) 289 

a|)pointment  of  special,  on  joint  rules.      (Form) 180 

duties  of  Judiciary.     (I'olitical  Code) 208 

introduction  of  bills  by.      (Assembly  Rule) 200 

joint   meetings   of.      (Joint    Rule  I 201 

meetings,   notice  of.      (Asseml)ly   Rule) 202 

of  Legislature,  appointment  of  standing.     (Political  Code) 170 

of  one.    report   of.      (Form) 277 

of  the  whole,  how  formed.      (Ass<^'mbly  Rule) 193 

on   revision  and   j)rinting.      (Joint   Rule) 210.49.'! 

on  contested  ele<'tions.      (A.ssembly   Rule) 212 

on  conference.      (Joint  Rule) 287 

on  free  conference.      (.Joint  Rule) 288 

on  conference,  ajipointment  of.      (Form) 291 

on  conference,   report  of.      (Form) 290 

other  than  Judiciary,  reporting  favoriibly  on  a  bill,  effect 209 

reference  of  executive  communications  and  nominations.      (Senate  Rule) 187 

reports  f)f  revision.      (.Toint   Rule) _.  211 

n-port  of.  on  Engrossment  and  lOnrolhiient.      (Form) 22"_' 

report  of  standing.      ( Foriiu      .         -_174  and  "Joi! 

report   on  conference.      (  I"<  iin  i "J'.to  mid   ■_".»2 

rules  in  committee  r>f  whole.      (Senate  ami  .Assembly  Rules) 19J 

«peci;il.    re|Mirt    rif.        (  l-'o|-|n  I 207 


186  LEGISLATIVE    MAX  UAL    AXD    FORM    BOOK. 

COMM ITTEES— Continued.  Sec. 

standing  and  joint.     (Joint  Rule) 178 

standing,  what  constitutes  quorum.     (Senate  Rule) 196 

standing,   report   of.      (Form) 206 

when  shall  report.      (Senate  and  Assembly  Rules) 197 

wlien  conference  report  is  in  order.      (Joint  Rule) L18S 

ways  and  means.      (Assembly  Rule) 213 

COMMUNICATIONS— 

( Form)    35 

COMPENSATION— 

extra,    and    payment    of,    prohibited     without    express    sanction    of    law. 

(Constitution)    145 

for  services  after  close  of  session.     (Political  Code) 46S 

of  other   otiicers   and   employees — salaries   of   officers   and   attaches   of   the 

Senate  and  Assembly.     (Political  Code) 4(>7 

of  otiicers  and  jurors.      (Constitution) 72 

of  members  of  Legislature — Legislative  expenses  limited.     (Constitution! .520 

per  diem  and  mileage  of  members  of  Legislature.     (Political  Code)-- 521 

CONCURRENT  RESOLUTIONS—  Sec. 

(Assembly  and  Senate  Rules) 169 

distinguished  from  Joint.     (Joint  Rules) 159 

(Form)    102 

how  distinguished  from  bills.      (Joint  Rule) 15S 

introduction   of.      (Form) 172 

CONFERENCE— 

appointment  of  committee.      (Form) 2S9 

committee  on.      (Joint  Rule) 289 

report  of  committee.      (Form) 290 

when  report  is  in  order.     (Form) 288 

when  Senate  and  Assembly  refuse  to  concur.      (Joint  Rule) 285 

CONFERENCE.  FREE— 

appointment  of   committee.      (Form) 291 

committee  on.      (Joint  Rule) : 287 

report  of  committee  on.      (Form) 290 

CONSTITUTION— 

how  amended.      (Constitution) 106 

CONSTITUTIONAL  AMENDMENT— 

(Form)    160 

how  distinguished  from  bills.      (Joint  Rule) 158 

President    and    Speaker   to    appoint   committees    to    prepare    arguments   on. 

(Political  Code) 442* 

(Senate   and   Assembly    Rules) 169 

CONSTITUTIONAL  CONVENTIONS— 

(Constitution)     107 

CONSTITUTION  MANDATORY— 

(Constitution)     45 

CONTINGENT  EXPENSES— 

of  Assembly.    (Assembly  Rule) 185 

of  Senate.      (Senate  Rule) 186 

CONVENING— 

of  Senate  and  Assembly,  daily.      (Form) 28 

CORPORATION— 

bank,  only  under  general  laws — no  bank  currency.     (Constitution) 77 

business  limited  by  charter;  term  of  holding  real  estate.     (Constitution) 80 

extension  of  franchise  of — remission  of  forfeitui'e.     (Constitution) 78 

foreign.      (Constitution) 84 

general  laws  as  to  formation  of.     (Constitution) 76 

property  subject  to  condemnation — police  power  not  abridged.  (Constitution)      79 

place  of  business  of — books.     (Constitution) 83 

transfer  of  fi-anchise  does  not  relieve  from  liabilities.     (Constitution) SI 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  187 

CORrORATIOX  STOCK—  Sec. 

State  not  to  own.      (Coustitutionl . S2 

CorNTIES— 

formation   of  new.      (Constitution) 70 

<OrXTY  GOVERNMENTS— 

and  township  oraanization.      (Constitution) 71 

COURTS— 

clerks — commissioners.       (Constitution) ,j7 

of  this  State   (Constitution) .~»3} 

of  record.      (Con.stitution) o5 

of  record.      (Code  of  Civil  I'rocedure) o5J3 

the  several  of  this  State.      (Code  of  Civil  Procedure) •■>'.>2 

DEBATE— 

and  decorum.    (Senate  Rule) 314 

calling-  to  order  for  offensive  wox'ds  in.     (Assembly  Rule) 324 

dispensing  with  joint  rules.      (Joint  Rule) o27 

motions  not  debatable  until  seconded  and  announced.     (Senate  Rule) 31S 

not  permissible  on  reading:  of  a  paper,  if  objected  to.     (Senate  Rule) 319 

not   permitted   on   motion    to   rise   from    Committee   of   Whole.      (Assemblj' 

Rule)     195 

precedence  of  questions  in.      (Senate  Rule) 317 

precedence  of  motions  during:.      (Assembly  Rule) 328 

]>ermissible.  on  motion  to  reconsider.      (Senate  Rule) 303 

when  not  allowable.      (Assembly  Rule) 329 

DEBT— 

no  imprisonment  for.      (Constitution) 42 

DIVISION— 

and  count  of  house.      (Assembly  Rule) 341 

of    questions.      (Form)     340 

of   question.       (Assembly    Rule) 2M7 

DUTIES— 

of  Secretary  and  Clerk.      (Political  Code) ^ 4."i9 

of  Assistant  Secretary  and  A.ssistant  Clerk.     (Political  Code) 462 

of  Minute  Clerk.     (Political  Code) 463 

of  Sergeant-at-Arms.      (Political  Code) 404 

of  Assistant  Serg:eant-at-Arms.     (Political  Code) 405 

of  officers  at  close  of  session.     (Political  Code) 466 

of  Superintendent  of  State  I»rinting.     (Political  Code) 4S2 

EDICATION— 

State  board  of — free  textbooks.     (Constitution) <;0 

Legislature  to  encourage.      (Constitution) til 

EIGHT-HOUR— 

day  on   i)ublic  work.      (Constitution) 119 

ELECTIONS— 

and  appointments  by  the  Legislature.      (Political  Co<le) 17 

by  Legislature  to  be  viva  voce.      (Constitution) 334—490 

liy  House.       (Assembly    Rule) 337 

cerlificate  of  election  evidence  of  right  to  sent.     (Political  Code) (» 

committee  on  contested.      (Assembly   Rule) 212 

ci.nununicating  offer  to  vote  for  or  against  a  bill.     (Penal  Code) 303 

finiiLsliing  money  f(ir.  <'xcej)t  for  specific  purposes.      (  I'iikiI  Code  i 3041 

of  niendiers  of  Assembly,      ((^'onstitution  )  .  _  3.'2 

of   ,\.s«<Mnblymen.      (Political    Code) 3ri3 

(if    Senators.       (Political    Code) 3."." 

Iin-cinct   boundaries,  chanije  of.      (Political  Code) 3."'.> 

r'turn>. —  trnnsmission    and    pultlicntion    <if.       (Constitution)-        — •'•"•S 

statement   of  cause   of  conlcsting.      n'oliliciil   Code) 3<5<> 

Mdicitiim  or  dcniandin;:  thai    a  candidati-  vote  for  or  against  nny    iii.!i>:iir.' 

or    liill.       (  P.-inil    Code) •'!''|-' 

tninsniiKsion  and  publication  of.      (ConRtilution)  <' 

who   nniv   contest.      (  Pfdilir  nl    ('ode) •"''"'•> 


ISS  LEGISLATIVE    MANUAL    AND    FORM    BOOK. 

KLIXTIUNS,   CO.XTKS'l'KD  Sf.c. 

compellins-   atteiulaucc    of    wiiiic.-srs.       (Political    Code) ;>!>!• 

coininission  to  take  testimony.      (Political  ("ode) 3(iT 

depositions  in.      (Political  Code) o74 

fees   of   officers.'      (Political    Code) o72 

t'nrther  evidence  may   lie  taken.      (  I'olitical  Code) oTr* 

.ui-cnnds    of    contest     of    election    of    Governor    to    be    .stated    in    petition. 

(P(>litical     Code)    oTT 

.indument  of  committee  in  case  of  (loveruor.      (Political  Code) 38o 

notice  of  choice  in  ca.se  of  Governor.      (Political  Code) v'Sl 

notice  to  per.son  interested,  by  whom  served.      (Political   Code) o(!S 

notice  to  respondent  in  case  of  Governor.     (Political  Code) 378 

notice  to  the  hon.ses  in  ca.se  of  (Jovernor.      (Political  Code) 37!t 

l)o\vers  of  committee  in  case  of  Governor.      (I'olitical  Code) .■)S2 

testimony,  how  taken.      (Political  Code) 37<i 

testimony    to    be    transmitted    to    Secretary    of    State — dnties    of    Secretary. 

(  Political    Code) 373 

trial  committee,  how  cho.sen  in  case  of  Governor.      (Ptditical  Code) 380 

vacancy  in  commission,  how  filled.     (Political  Code) .371 

who  may  contest  election  of  Governor.      (Political  Code) 37<! 

ELECTORS— 

bribing  or  oft'erins  to  bribe   members  of  Legislative  eancuses,   etc.     (Penal 

Code)    3(>4 

no  property  qnalification  of.     (Constitution) 47 

nnlawful  offers  to  procure  offices  for.      (Penal  Code) .361 

EMINENT  DOMAIN— 

harbor  frontase  subject  to.     (Constitution) 100 

EMPLOYEES,  ETC.— 

(Form)    458 

EXACTING  CLAUSE— 

(Constitution)    129 

ENGROSSING— 

and  enrolling  bills,  order  of.      (Senate    Rule) 219 

and  enrolling-  bills,  order  of.      (Assembly    Rule) 221 

bills  to  be  examined  and  reported.      (Senate  Rule) 220 

provision  for.     (.Joint  Rule) 218 

ENROLLING— 

bills  to  receive  signature  of  proper  officers.      (.Joint  Rule) 214 

committee  to  compare.      (.Joint  Rule) 215 

committee  to  present  bills  to  Governor.      (Joint  Rule) 217 

EQI-ALIZATION— 

State  and  county  boards  of.      (Constitution) 93 

EXECUTIVE  COMMUNICATIONS  AND  NOMINATIONS— 

to  committee.      (Senate  Rule) 187-437 

EXECUTIVE  SESSIONS— 

(Senate  Rule) 29.5-513 

EXISTING  LAWS— 

provisions    similar    to — how    construed.       (Political    Code,    C(xle    of    Civil 

Procedure,  Civil  Code.  I'enal  Code) 124 

EMISKZZLKR— 

of  public   funds,   ineligible   lo   office.      (Constitution) .3.51 

FEDERAL  OFFICERS— 

ineligible   to   State   office — exceptions.      (Constitution) 3.50 

FEES— 

for    witnesses.    (Assembly    Rule) 205 

of  jiulicial  officers  abolished.     (Constitution) 58 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  189 

FILE—  Sec. 

cousideration  of  daily — third  reading  of  Sonato  and  Assemblj-  bills.    (Form)   239 

general:   its  hours — special  order  of  hill  on  fih'.      (Senate  Rule) -2i"> 

order  of  making.      (Senate  and  Assembly  Rules) 224 

order  of  making,   special.      (Assembly  Rule) 227 

special.      (Joint  Rule) 226 

FISCAL  YEAR— 

(Constitution)     m 

FISH— 

right  to.      (Constitution) ■i''^ 

FOREIGNERS— 

ineligible  to  citizenship,  immigration  of.  to  be  discouraged.      (Constitution)    109 

FREE  TEXTBOOKS,  sec  TEXTBOOKS. 

FREE  ('ONFERENCE.  .sec  CONFEiRENCE. 

GOVERNOR— 

power  of  the,  to  grant  reprieves,  commutations,  and  pardons.     (Penal  Code)   433 

power  of.  in  respect  to  convictions  for  treason.     (Penal  Code) 4.S4 

to    communicate    to    Legislature     reprieves,    commutations    and    pardons. 

(Penal   Code) -iS^ 

veto  sustained.      (Form)    "^■1^'^ 

when  to  adjourn  Legislature.      (Constitution) 424 

GATEKEEPER— 

(Senate  Rule)    -^^^ 

GENERAL  LAW— 

form  for  new l*^" 

GENERAL  LAWS— 

as  to  bank  corporations — no  bank  eurroncy.      (Constitution) 77 

as  to  formation  of  corporations.      (Constitution) 7G 

as  to  inspection  of  merchandise.      (Constitution) 7o 

HEALTH— 

State  board  of.      (Constitution) _ ll'» 

HISTORY— 

of  Iiills.  resolutions  and  constitutional  amendments.    (.Toint  Rule  > .'02 

HOMESTEADS- 

exemptions  of.      (Constitution)  __ l*^"* 

IXCO.ME  TAX.  srr  TAX. 

IXl»Ein'EDNESS— 

limitation  of  State.      (Constitution) ^ lf*3 

INFERIOR  COFRTS- 

jurisdiction  of  and  powers  of  judges.      (Constitution) •j''' 

I^cgislatnrp  to  provide.      (Constitution) -'^ 

IMPEACHED— 

wlio  may  be — other  ollicers.      KV>n.stitntion) •■•'^ 

I.MPEACIIMENT— 

articles    how  prepared — trial  1)V  Senate.      ( I'eiial  Code) 4'"'0 

(Constitution  )    ■'•" 

defendant,  after  appearance,  may  answer  or  demur.     (Penal  Code) 4ti5 

delivery  of  articles  of.     (Penal  Code) •*'^T 

effect  of  judgment  of  sus)»ension.     (Penal  Code) ^  ^^- 

if  denunrer  is  overruled,  rh-f.-ndant  nuist  answer.      (Penal  Code)--  4tMj 

lurisdiction  of  c(rurl    of.      (Code  of  Civil    Proee<lure) •"!'■'•' 

jndu'nient  on  conviction,  how  pronounced.     (Penal  Code)  40f) 

jiidv'ment  on  convietion— when  final.      (Penal  Coile)._  D() 

nieiidM-rs  of  IIm' court.      (Code  of  Civil  Pnxedure  •!^'-l 

nature  of  the  judfuienl.      (  Pi'iml  Code)  Dl 

not  a  bar  to  in<li<tnienl.      (Penal  Code) --    "•'"' 

officer,   when   impeached,   disqualified   until   acquitted— Govonior   to   tempo- 
rarily till  va.ancy.      (  Penal  C<Mle)    ^I'l 

.illieers  of  Ihe  court.     (Cod.-  of  Civil  Procedure)..  •■'>!"' 


190  LEGISLATIVE    MANUAL   AND    FORM    BOOK. 

Sec. 

orticers  liable  to.     (Penal  Code) .399 

proceed iugs  on  failure  to  appear  in.     (Penal  Code) 404 

proceedings   to   impeach   or   remove   officers   and   others   preserved.      (Penal 

Code)    398 

presiding  officer  when  Lieutenant  Governor  is  impeached.     (Penal  Code) 414 

Senate  to  be  sworn.     (Penal  Code) 1 407 

service  in.  how  made.     (Penal  Code) 403 

trial  of.  provided  for  in  Penal  Code.     (Code  of  Civil  Procedure) 397 

time  of  hearing,  service  on  defendant.     (Penal  Code) 402 

two  thirds  necessary  to  a  conviction.     (Penal  Code) 40S 

JOINT  ADDRESS— 

to  Governor.      (Joint  Rule) 438 

JOINT  RESOLUTIONS— 

distinguished  from  concurrent.     (Joint  Rule) 1.59 

form    for    IGl 

how  distinguished  from  bills.      (Joint  Rule) L58 

(Senate  and  Assembly  Rules) ; 169 

JOURNAL— 

approval   of.    (Form) 3.3 

each  house  to  keep.      (Constitution) 487 

reading   of.      (Form) 31 

second  day  when  there  has  been  a  gubernatorial  election.     (Form) 27 

what  shall  be  printed  in.      (Senate  Rule) 489 

when  not  in  Committee  of  Whole,  proceedings  to  be  entered.      (Senate  Rule)    ~t(H 
LANDS— 

holding  of  unimproved,  against  public  interest.      (Constitution) ^   10.~> 

LEGISLATURE— 

limitations  upon  power  of.  to  enact  laws.      (Constitution) 50 

time  and  place  of  meeting  of.      (Political  Code) 4 

LENDING— 

public  credit  prohibited.     (Constitution) .jl 

LIEUTENANT  GOVERNOR— 

to  have  casting  vote.      (Constitution) 331 

or  other  presiding  officer  in  the  chair.     (Form) 29 

LOBBIES— 

President  may  order  cleared.     (Senate  Rule) 452 

LOBBYING— 

(Assembly   Rule)    509 

defined — punishment  for.      (Constitution  and  Penal  Code) .5.39-.540 

(Senate  Rule)    510 

LOTTERIES— 

aid  to.  prohibited.     (Constitution) 133 

MECHANICS' 

liens.      (Constitution) 117 

MEETING— 

hour  of.      (Senate  and  Assembly  Rule) ^ 23 

MEMBERS— 

absenting  themselves.      (Assembly  Rule) 523 

at  Clerk's  desk.      (Assembly  Rule) 339 

excused  from  voting.     (Form) 348 

explanation  of  vote  by.     (Form) 347 

number  and  designation  of.     (Political  Code) 1 

personal  explanation  by.      (Assembly  Rule) 3.30 

privilege   of.      (Constitution) 519 

protest  of.     (Assembly  Rule) 294 

term  of  office  of.     (Political  Code) 2 


LEGISLATIVE    MAXUAL   AND   FORM    BOOK.  191 

MESSAGES—  Sec. 

from    the    Goveruor.      (Form) 4.30 

from    Governor   to    Legislature.      (Constitution) 423 

from   the  other  House.      (Senate   and  A&sembly   Rules) 25.j 

from   Assembly    or   Senate.      (Form) 261-282 

from  A.s.^embly.  requesting  Senate  to  recede.      (Form) 2S4 

must  be  announced  by   the   Sergeant-at-Arms.      (Joint  Rule) 2.">3 

MESSENGERS— 

from  the  Goveruor.  may  be  introduced.      (Senate  and  Assembly  Rules) 4^^^^ 

may   be    introduced.      (Senate   and   Assembly    Rules) 2.")4 

MILITIA— 

I  Constitution)     . (iO 

MINIMUM  WAGE— 

for  women  and  minors.      (Constitution) 120 

MISCONDUCT— 

in  office — corrupt  practices.      (Constitution) 114 

MOTION— 

confirming   appointment   of    Goveruor.      (Form) 440 

(  Form)     50G  -52t3 

not  to  be  debated  until  seconded  and  announced.      (Senate  Rule) 31S 

notice    to    reconsider.      (Form) . 308 

notice   to   adopt   resolution.      (Form) 300 

order  of  questions  to  refer.      (Senate  and  Assembly  Rules) 183 

to  l)e  stated  by  Speaker,  if  desired  shall  be  reduced  to  writing,  or  may  be 

withdrawn.      (Assembly  Rule) 208-440 

to  lay  on  the  table.      (Form) 307 

to  re-commit.     (Fonn) . 100 

to  reconsider.      (Form) '. 310 

to    refer.       (Form) 101 

to  re-refer.     (Form) 180 

to  refer  to  special  committee  of  one.     (Form) 277,278 

\\  ithdrawn.       (Form) 313 

MUNICIPAL— 

improvfMiints.    no    delegation    to    private    corporations — exception.      (Con- 
stitution)      74 

.AIUXICIPALITY— 

uiily.  can  tax  for  municipal  purposes.     (Constitution) 73 

XA\I(;AP.LE  WATERS— 

people  shall  always  have  access  to.     (Constitution) 101 

XOTICES— 

of   motion    to   ado[)t   resolution.      (Form) 3(>."t 

motion   to   reconsider.      (Form) 308 

to  Ite.in  writing  under  proper  signatures.      (Joint  Rule) 2o0 

XnilCE  OF  REMOVAL— 

by  and  to  whom  given.     (Political  Code) . _--       ■"•S"> 

X(J.M  I  NATIONS— 

to  Senate  must  be  in  writing.     (Political  Code) l-!2 

( >.VTHS— 

of  Governor  and  Lieutenant  Governrtr.     (Political  Co<Ie)  12 

of  members  of  Legislature.     (Political  TNide) -        13 

to  be  entered  on  Journals.     (Pfilitical  Ccnle) 11 

to  be  transmitted  to  Secretary  of  Stale.     (Poiilica!  Code) 101 

what  officers  of  Legislature  may  a<lmiiiister.      (I'iditical  Code) 1*^ 

who  may  administer,  to  witnesses.     (Political  t'odc) 'JiM 

dfficf:—  " 

natii  of.     (Constitution) 11 

term  of,  when  not  fi.xed  by  Coustitution.     (Constitution) IIS 


]<)2  LEGISLATIVE    MAXIAI,    AND    FORM    BOOK. 

OFFICKRS,  ETC.—  Sec. 

(Constitutiou)    458 

temporary  otticers  of  the  Senate  and  Assembly.     (Political  Code) 8 

OFFICIALS— 

to  be  provided  for  by  Logislature.     (Coiisiilutioii) 110 

ORDER- 

in   siiealciii.tf   to  (nu'stions.      (^Vssembly   Rule) 321 

of    business.      (Senate    Rule) 524 

of    business.       (Assembly    Rule) 525 

point   of.      (Form) 305 

questions  of,  after  previous  qut'stion  is  ordered.      (iVssembly  Rule) 327 

ORGANIZATION- 

(Constitution)    7 

of  Senate  or  As.sembly.      (Form) 26 

PAPERS— 

each  House  to   transmit.      (.Joiut  Rule) 252 

PERSONAL  PRIVILEGE— 

question    of.       (Form) ■. 304 

PENALTIES— 

altering  enrolled  copy  of  bill  or  resolution.     (Penal  Code) 534 

altering  draft  of  bill  or  resolution.     (Penal  Code) 533 

disturbing  the  Legislature  while  in  session.     (Penal  Code) 532 

giving  or  otTcring  bribes  to  members  of  the  Legislature.     (Penal  Code) 535 

members  of  the  Legislature,  in  addition  to  other  penalties,  to  forfeit  office 

and  be  disqualified,  etc.     (Penal  Code) 538 

preventing  the  meeting  or  organization  of  either  branch  of  the  Legislature. 

Penal   Code) .531 

receiving  bribes  by  members  of  the  Legislature.     (Penal  Code) 536 

witnesses  refusing  to  attend,   testify,  or  produce  papers  before  the  Legis- 
lature or  committees  thereof.     (Penal  Code) 537 

PETITIONS— 

(Form)    34 

to  be  presented  with  brief  statement  of  contents.      (Assembly  Rule) 170 

PLURALITY— 

election  by — municipal  regulations.     (Constitution) 115 

POLL  TAX,  see  TAX. 

PRAYER— 

(Form)    30 

PREVIOUS  QUESTION— 

demanded.     (Assembly  Rule) 325-326 

form  of;  call  of  Senate.      (Senate  Rule  I 320 

order  of  question,   when   ordered 327 

PRESIDENT— 

and   Speaker  to  appoint  members  to   prepare  arguments  on  constitutional 

amendments 4424 

and  Speaker  to  sign  bills.      (Joint  Rule) 216-457 

his  powers  and  prerogatives.      (Senate  Rule) , 451 

may  call  Senator  to  chair.      (Senate  Rule) . 453 

or  Speaker  pro  tem.  in  the  chair.      (Form) 29 

pro  tem.  his  powers  and  privileges.      (Senate  Rule) 455 

PRESS— 

representatives.      (Form)    516 

rules.      (Joint    Rule)     __: 511 

PRIMARY  ELECTIONS— 

(Constitution)     49 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  193 

PRINTING—  Sec. 

daily  jourual  of  each  bouse  to  be  printed.     (Political  Code) 4SS 

for    the    Senate.      (Senate    Kule) 505 

laws  and  journals  to  be  printed.     (Political  Code) 484 

motion  for  rush  order.     (Form) 506 

manner  of.      (Political  Code) 485 

number  of  documents  to  be  printed.     (Political  Code) 483 

number  of  copies  to  be  printed  of  journal.     (Senate  Rule) 503 

number  of  copies.      (Senate  Rule) 501 

of  bills.      (Assembly  Rule) 497 

of    maps.      (Assembly    Rule) 499 

rush    order.      (Form) 507 

specific  duties  of  State  Printer.     (Political  Code) 488 

(Senate  Rule)    500 

PRISON— 

directors,  powers  and  duties  of.     (Constitution) 68 

officials.  Legislature  to  prescribe  powers  and  duties  of.      (Constitution) 69 

PRIVILEGE— 

of  floor.  Senate  and  Assembly.      (Form) 517 

PRIVILEGES  AND   IMMUNITIES— 

(Constitution)     44 

PROPERTY— 

where  assessed.      (Constitution) . 94 

PROTEST— 

of    members.      (Assembly    Rule) 294 

PUBLIC  SERVICE  CORPORATIONS— 

regulation  of  charges  of.     (Constitution) 52 

PUBLICATION— 

of  opinions  of  appellate  courts.     (Constitution) 59 

QUESTION— 

indefinitely   postponed.      (Assemblj-   Rule) 296 

QUORUM— 

what  constitutes  a.      (Constitution) 19 

PARLIAMENTARY  LAW— 

Roi)erfs  to  govern  cases  not  provided  for.     (Senate  and  Assembly  Rules) —  293 

RAILROAD  COMMISSION— 

created — its  powers  prescribed.      (Constitution) 85 

Legislature  may  invest  with   power  to  fix  compensation  for  taking  public 

utility  property.      (Constitution) 87 

RECALL— 

The.       (Constitution) 122 

RECESS- 

(Form  I    37 

hour   of    extended.      (Form) 36 

RESOLUTION— 

of   concurrence    to    l)e    transmitted    to    Secretary    of    State    and    Goveruojif. 

(Political  Co<le)__- 460 

UECONVENED— 

(  Form)     38 

llV.i "( ).NSn  >ER.\TIOX— 

of   l)ills   sfnt   to  .Vssembly.      (Scuali'    Uiilr-) 301 

notice  of.      (  Senate  and   .Vssembly   Riib-s) 300 

upon  noticf,  S<'<r<'lary  not  to  rr-port  bill  to  Assembly.    (Senate  Rule) 302 

RECORDS— 

of   votes  and    petitions.      (S'ii;ile    I.'iihi  l!M 

<<]•  papers  not    to  be  taken    t'lum  desk.      (Scnali'   liule»-  172 

ki;i'i;ai.— 

of  statutes.      (Prtliliea!  Code) ^  13G 

of  repealing  act,  act  repealed  not  revived  by 137 

13—16X21 


194  LEGISLATIVE    MANUAL   AXD    FORM   BOOK. 

UKroins-  Sec. 

of  I'omiuitloe  on  Revision.      (Joint  Rule) 49.5 

of  Committee  on  Engrossment  and  Enrollment.      (Form) 222 

of  spi'iial  committees.      (Form) 207 

of  standing:  committees.      (Form)    174  and  206 

ot"  Commiftoe  on  Free  Conference.      (Form) 292 

of  Committee  on  Conference.      (Form) 290 

RESOhrTIUXS— 

form   of   311-312-tSG 

of   coniiirrence    to    be   transmitted    to    Secretary    of    State    and    Governor. 

(IV>litical    Code) 400 

wli.'ii  joiiii.  ialii>  eflect 140 

RICIITS 

reserved  by  people.     (Constitution ) 40 

ROLL  CALL— 

or.lered.   (Form)  _„ 344 

KonKRTS  TO  <;()VERN— 

in  cases  not  providiHl  for.      (Senate  and  Assembly  Rules) 293 

RULES— 

("ailing  memi)ers  to  order  when   transgressing.      (Assembly  Rule) 323 

dispensing  with  joint.      (Joint  Rnlc) 527 

for  govirnment  of  the  Legislature.     (Constitution) 20 

in  Committee  of  Wliole.      (Senate  and   Assemblv  Rules) 194 

RES  K;  NAT  IONS- 

to  whom  made.      (I'olitical  Code) 384 

SCHOOL- 

system,  common.     (Constitution) 64 

.system,  support  of.     (Constitution) 65 

SCHOOLS— 

county  superintendent  of.     (Constitution) 62 

no  public  money  for  sectarian.     (Constitution) 67 

SECOND  READING— 

of  l»ill  and  final  question  thereon.      (Senate  Rule> 231 

SECRETARY— 

and  Clerk  shall  endorse  bill.      (Joint  Rule) 470 

and  Clerk  to  keep  register.      (Joint  Rule) 469 

rluti«^  of.      (Political  Code) 4-59 

duties  of.     (Senate  Rule) 471 

to   carry    messages.      (Joint   Rule) 251 

SENATE— 

called  to  order  by  President.     (Senate  Rule) 25 

ot1icei-s  of  the.     (Political  Code) _. 1.5 

organization  of.     (Political  Code) 0 

SENATORS— 

attendance,  duties  and  obligations  of.      (Senate  Rule) .522 

election.       (Political    Code) 3.55 

entitled  to  floor.     (Senate  Rule) 315 

inelisible  to  certain  offices.      (Constitution) : 349 

number  of.      (Constitution) 3.56 

in  the  chair.     (Form) 29 

term  of,  qualifications  of  members  of  Legislature.     (Constitution) .354 

when  called  to  order,  must  sit  down.      (Senate  Rtile) 316 

SENATORLVr.— 

districts.     (Constitution) ^ .  3.57 

SERGEANT-AT-ARMS— 

duties  of  the.      (Assembly  Rule) 475 

assistant,  to  be  doorkeepei*.      (Assembly  Rule) 477 

expenses  of.      (Assembly  Rule) : —  476 

(Senate  Rule)    47S 


LEGISLATIVE    MANUAL    AND    FORM    BOOK.  195 

SESSIONS—  Skc. 

Governor   may   couveue.      (Coustitution) 425 

of  the  Legislature.      (Constitution) 'A 

open  doors  and  secret.      (Constitution) .jOS 

SHORTEST  TIME— 

and  least  sum  to  be  used  in  filling  blanks.      (Assembly  Rule) 'JOT 

SMOKING— 

in  chamber.      (Senate  and  As.sembly  Rules) ol4 

SPEAKER— 

may  order  the  galleries  and  lobby  cleared.      (Assembly  Rule) 446 

per  diem,  etc..  of.     (Political  Code) 441 

to  appoint  members  to  prepare  arguments  ou  Constitutional  amendments 442i 

to  call  House  to  order.      (Assembly  Rule) 447 

to  decide  who  is  entitled  to  place.      (Assembly  Rule) 448-322 

to  have  direction  of  chamber:   may  call  any  member  to  the  chair.      (Assem- 
bly   Rule) 444 

to    preserve    order:   to    decide    points    of    order:   and    luay    sjieak    to    same. 

(Assembly  Rule)   443 

to  sign  bills.      (Joint  Rule) 4.j7-21G 

to  sign  resolutions,  etc.,  attested  by  the  Clerk.      (Assembly  Rule) 445 

SPECIAL  ORDER— 

con.sideration  of.      (Form)   244 

(Form)    242 

reset.       (Form)    243 

(Senate  Rule)    228 

SPECIAL  LAWS— 

and  local   prohibition.      (Constitution) 132 

STATE— 

higlnvay  system  autliDrizetl.      ( ( "onstitutiuii  I 53 

school  fund.      (  Constitution  I 03 

STATUTES— 

certain,  preserved.     (Political  Code.  sec.  10;  Penal  Code,  sec.  23) 127 

construction    of.      (Political    Code) 135 

take   effect,    when 13!) 

SUITS— 

airainst   Slate.      (Constitution) 112 

SUSPENSION— 

of  rules.      (Form) ' 530 

SUSPENDING— 

or  changing  Senate  rules.      (Senate  Rule) .520 

and  changing  Assembly  rules.      (Assembly  Rule) 52S 

TAXES— 

income,  may  !)>•  li'\ii-d.      ( ( 'insi  itui  ii)n  i  ._ 05 

lioll.  none  to  be  levied.      (Constitution) 0<> 

I)ayinr'nt  of  real  property,  by  installments.     (Constitution) 01 

'l.\.\ATION— 

basis  of.  for  Stair  purpus.s.      ( ( ■unsiitut  ion  ) 00 

contract  impairing  power  of.  rurbidden.     ( ( 'onstilution) '.K) 

duty  of  I.,egislature  to  fiiU<yff  arlicji-  on.      ( ( "(tiistiliit  ion) SS 

exemption  of  certain  trees  and  vines  from.     (Constitution) 07 

Legislature    to    jjroviilc    for    enforcemr'nl    f»f    provisions    r<'gnr<ling.       (Con- 
stitution)                                                                        .  OS 

r\.\.\Tlo\   E.XEMPTION— 

L'gisjatnrc  may  provide,  in  <<Tlain  casfs.     i  <  on-i  iiui  iom  SO 
r.WPAVKRS— 

aiiinial    property  stntcin<  iit.      ( ( "oiistitiit  ion  )           0'_' 

Ti:i{MS 

certain,    used    in    tin-   t'odi-s   dclincd.       ({'ojilical    Code,   Civil    *  ndi-,   «  udi-   of 

Civil    I'rocediire.    I'einij    Corli- l        _,        . I'-'i". 


196  LEGISLATIVE    MAXl'AI.    AND    FORM    BOOK. 

TEXTBOOKS—  Sec. 

fi-et^ — State  Boiird  of  KdiuiUioii.      ( Constitnrion) 06 

TIDE  LANDS— 

uot  to  iKiss  into  private  hands.     (Constitution) 102 

TITLE— 

o£  laws — revision  and  amendment.      |  (Constitution) 131 

UNANIMOUS  CONSENT— 

!ji-anted.      (Form)    249 

URGENCY— 

case  of.      (Appropriation  bill)      (Form) 241 

((Coustitution)     233 

passage  of  .section.      (Joint  Rule) 234 

section.      (Constitution)     139 

UTIT^ITIES— 

public,  supervision  of — local  reuiilation.     (Constitution) SG 

VETO— 

of  (Jovernor.  suslaininu-.      (Form) 440^ 

VOTES— 

necessary.      (Tabulation  i     832-333 

VACANCIES— 

how  they  occur.      (I'olitical  Code) 385 

occurring'  during  recess  of  the  Legislature.      (Political  Code) 386 

in  Lejjislature,  how  filled.      (Political  Code) 387 

how  filled  when  not  otherwise  provided  for.     (Political  Code) 389 

VOTING— 

explaining  or  changing.      (A.ssembly  Rule) 342 

explanation  by  member.      (Form) 347 

member   excused   from.      (Form) 348 

on    day   subsequent   to.      (Form) 310 

on  Que-stion  when  interested.      (Assembly  Rule) 340 

record    of.      (Senate    Rule) 491 

e.vcu.se  from.      (Senate  Rule) 336 

WITNESSES— 

failure  of  witness  to  appear,  contempt.     (Political  Code) 418 

fees  for.     (Assembly  Rule) 422 

not  to  be  held  to  answer  criminally — refusal  to  testify.     (Political  ('ode) 420 

refusing    to    attend,    testify,    or   produce    papers    before    the    Legislature    or 

committees  thereof.     (Penal  Code) 421 

subpienas.     (Political  Code) 416 

service  of  .subptjena.     (Political  Code) 417 

warrant  of  arrest.     (Political  Code) 419 

who  may  administer  oaths  to.     (Political  Code) 204 

WORDS  AND  PHRASES- 

(Political  (''ode.  Civil  Code,  Code  of  Ci\il  Procedure) 125 

AVOUK.MEN'S  C(^.MPEXSATION— 

labor  disputes.      (Constitution  ) 121 


LEGISLATIVE    MANUAL   AXD    FORM    BOOK.  197 


FORM  INDEX. 

Absence,    leave   of   •^- 

Action.   former   reconsidered   247.  2S<t 

former    rescinded    24S,  28<> 

Adjournment,  daily   29 

for  constitutional  recess  or  sine  dii    40 

Amendments,   consideration   of  Assembly 28o 

from   floor   -~-> 

to  title 270 

Appeal,    from  decision   of   the   chair 3,00 

Appropriation,    bills    !•>" 

Attaches,    etc..    4.5S 

Ayes    and    noes,    demanded    340 

Bills,   appropriation,  case  of  urgency 157 

addin;^  new  code  section l-^-' 

amending   existing  code   section   loo 

amending  a  general  law 15.5 

comjianion.    withdrawal    of    -. 26.3 

consideration   of    (out   of   order)    155 

introduction  and  first  reading  of : 171. 18S 

repealing   a   code   section 154 

request  for  introduction  of,  after  constitutional  recess 173 

recall   from   committee   24.> 

recall  from  print,  engrossment,  or  from  Assembly 24(j 

re-reference   of   ^•* 

second    reading  of   23G 

second   reading  of    (out  of  order) 237.274.270 

third  reading  of 2oS 

uru'cncy  .section , l'>7 

withdrawal    of    175 

Call,  of  Senate  or  Assembly 240 

Chamber,  use  of  Senate  or  Assembly,  granted 518 

Committees,  appointment  of  free  conference 28!' 

appointment  of  special,   on  joint  rules 1'8<^' 

of  one.   report  of 277 

on   conference,   appointment  of 291 

on    conference,    rejjort    of 290 

report   of.   on    Engrossment  and   Enrollment 222 

report  of  standing 174  and  200 

rciK)rt    on    conference    290  and  292 

special.    re|)ort    of    '. 207 

stan<Iing.    report    of 2(M5 

Comnniiiiiations   3.) 

Concurrent   resolutions,   introduction   of 172 

Conferenee.    appointment    of    committee 289 

report  of  coinmittei- 290 

wlieii    report    is    in    order 2-88 

(,'onferenre.   free,   appointment  of  <'oniinittee 291 

report   of  (oMimittee  on   290 

i'onstitutional   annMniment    l*^' 

Convening'.  <if  Senate  and   Assemi)iy.  daily 2S 

Division,  of  <|uestions 34ti 

Employees,    etc.    45S 

File,  considi-nition  of  daily — third  readinn  of  Senate  and  Assembly  bills 230 

<iovern<  r,    M-to   sustained         ._  _ .4li>^ 


i;)S  LEGISLATIN  K  :MANTAL  AND  FORM  BOOK. 

.Tuiinial,    iiiii>i(pval    of =- «*«> 

rtnuiiii};    of    ^^ 

soooiul  liny  when  there  has  been  a  guberpatorial  elections 27 

hi.'uti'uaut   Governor,  or  other  presiding  officer  in  the  chair 29 

.Members,  excused  from  voting 348 

e.xphinntion  of  vote  by 347 

Messngo.s,   from   the  (Joveruor 435J 

from  .Vssombly  or  Senate 2G1-282 

from  .Vssembly,  requesting  Senate  to  recede 284 

Motion,  confirming  appointment  of  Governoi' 440 

notice    to    reconsider 308 

notice  to  adopt  resolution 309 

to  lay  on  the  table 307 

to  re-commit 190 

to    reconsider    310 

to   refer   191 

to   re-refer 189 

to  refer  to  special  committee  of  one 277,  278 

withdrawn 313 

.Notices,  of  motion  to  adopt  resolution 309 

motion  to  reconsider 308 

Order,    point   of   . 305 

Ory:auization  of  Senjite  or  Assembly 26 

IVrsonal  iirivilege,  question  of 304 

I'ctitions    34 

I'rayer    30 

I'resident,  or  Speaker  pro  tem.  in  the  chair :     29 

Press,,  representatives 516 

I'rinting,   motion   for   rush   order 506 

rush    order    507 

I'rivilcge,  of  floor.  Senate  and  Assembly 517 

Itocess.  hour  of  extended 36 

Reconvened    38 

Reports,  of  Committee  on  Engrossment  and  Enrollment 222 

of  special  committees 207 

of   standing   committees    174    and    206 

of  Committee   on   Free   Conference 292 

of  Committee  on  Conference . 290 

Roll   call,   ordered   344 

Senators,  in  the  chair 29 

Special  order,  consideration  of 242,244 

reset   243 

S\ispension,   of  rules 530 

Vnanimous  consent,  granted 249 

Urgency,  case  of  (appropriation  bill) 241 

Veto,  of  Governor,  sustaining 440J 

Voting,  explanation  by  member 347 

meml)er  excused  from .348 

on  day  subsequent  to 310 


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